The Tension between Genome Privacy and Criminal Justice in the Wake of DNA Databases

Rahime ERBAŞ

Makale detayları

The Tension between Genome Privacy and Criminal Justice in the Wake of DNA Databases

Yazarlar:

Rahime ERBAŞ

Yayıncı:

Istanbul University

Ana Başlıklar:

Hukuk

Dergi:

Journal of Penal Law and Criminology 2017 Vol.5 Issue 2, pp.163-178

Belge Tipi:

Makale

Yayın Tarihi:

11/2017

Belge Dili:

Türkçe

Document ID (Org No.):

2000905803

Sıklık:

İki Yıllık

eISSN:

2602-3911

pISSN:

2148-6646

Anahtar kelimeler:

Özet:

 


Using DNA databases has a significant role in finding truths in criminal law; therefore, national DNA databases are becoming common worldwide. Consequently, their size is increasing every year. However, do we actually need a DNA database for the sake of criminal justice? Within this context, this study first demonstrates how common it is to create DNA databases today and how much information is retained in these databases. Then, the key question emerges: how do we find the balance between the competing interests of ensuring the right to privacy while facilitating the state’s interest in solving crimes? This is where the main implementation criteria for data entry, storage and destruction become significant. More concretely, we examine the criteria that should be adopted around whether DNA samples for particular criminals should be included. For example, should DNA samples be included in the case of serious crimes, e.g., crimes against life, sexual abuse, and robbery, as well as crimes requiring punishment of more than a certain time period, such as more than one year? Further, is it possible to remove DNA information from the database? This study is based on the proposal that these criteria play a significant role in softening the tension between breaching privacy and the State’s interest in fighting and solving crimes. This study will focus on these criteria, summarized as data entry, storage and destruction by considering comparative law including the EU, the ECHR and the USA analysis.

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Using DNA databases has a significant role in finding truths in criminal law; therefore, national DNA databases are becoming common worldwide. Consequently, their size is increasing every year. However, do we actually need a DNA database for the sake of criminal justice? Within this context, this study first demonstrates how common it is to create DNA databases today and how much information is retained in these databases. Then, the key question emerges: how do we find the balance between the competing interests of ensuring the right to privacy while facilitating the state’s interest in solving crimes? This is where the main implementation criteria for data entry, storage and destruction become significant. More concretely, we examine the criteria that should be adopted around whether DNA samples for particular criminals should be included. For example, should DNA samples be included in the case of serious crimes, e.g., crimes against life, sexual abuse, and robbery, as well as crimes requiring punishment of more than a certain time period, such as more than one year? Further, is it possible to remove DNA information from the database? This study is based on the proposal that these criteria play a significant role in softening the tension between breaching privacy and the State’s interest in fighting and solving crimes. This study will focus on these criteria, summarized as data entry, storage and destruction by considering comparative law including the EU, the ECHR and the USA analysis.

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Makale detayları

The Tension between Genome Privacy and Criminal Justice in the Wake of DNA Databases

Yazarlar:

Rahime ERBAŞ

Yayıncı:

Istanbul University

Ana Başlıklar:

Hukuk

Dergi:

Journal of Penal Law and Criminology 2017 Vol.5 Issue 2, pp.163-178

Belge Tipi:

Makale

Yayın Tarihi:

11/2017

Belge Dili:

Türkçe

Document ID (Org No.):

2000905803

Sıklık:

İki Yıllık

eISSN:

2602-3911

pISSN:

2148-6646

DNA

Genome

Databank

storage

privacy

crime

criminal procedure

Prüm Convention

the EU member countries

the USA

the ECHR

S and Marper vs. United Kingdom

Maryland vs. King

Sayı

Makale detayları

Yazarlar: Rahime ERBAŞ

Yayıncı: Istanbul University

Ana Başlıklar: Hukuk

Dergi: Journal of Penal Law and Criminology 2017 Vol.5 Issue 2, pp.163-178

Belge Tipi: Makale

Yayın Tarihi: 11/2017

Belge Dili: Türkçe

Document ID (Org No.): 2000905803

Sıklık: İki Yıllık

eISSN: 2602-3911

pISSN: 2148-6646

Sayı

Yazarlar:

Rahime ERBAŞ

Yayıncı:

Istanbul University

Ana Başlıklar:

Hukuk

Dergi:

Journal of Penal Law and Criminology 2017 Vol.5 Issue 2, pp.163-178

Belge Tipi:

Makale

Yayın Tarihi:

11/2017

Belge Dili:

Türkçe

Document ID (Org No.):

2000905803

Sıklık:

İki Yıllık

eISSN:

2602-3911

pISSN:

2148-6646