Litigation involving access to DNA databases of convicted offenders (Dr. William C. Thompson, University of California, Irvine)

The clear intent behind the establishment of state DNA databases was to aid and enhance law enforcement. For example, Alabama’s statute declares that “the creation and establishment of a statewide DNA database is the most reasonable and certain method or means to rapidly identify repeat or habitually dangerous criminals.” In general, the DNA database statutes authorize use of DNA and the database for law enforcement purposes, and for purposes of maintaining and improving the database. This chart probes the additional uses of the database beyond these traditional areas.

Thus, the authorized uses of DNA databases extend beyond criminal identification purposes into the realm of humanitarian and statistical research purposes. The chart also addresses whether information from the DNA databases can be used for medical or genetic research. Alabama is the only state that explicitly authorizes the use of population statistical data for medical research. In contrast, 8 states prohibit the use of the database to obtain information on human physical traits, predisposition to disease, or medical or genetic disorders; the 8 statutes vary in terms of the specific use or uses that are prohibited. Forty states contain no provision addressing the use of their DNA database for genetic research.

Because the terms used in the statutes are often vague or undefined, one cannot predict with certainty the scope of the databases’ authorized uses; examples include “law enforcement purposes” and “other humanitarian purposes.” The construction of each statute may provide clues as to whether these terms will be interpreted broadly or narrowly. Some statutes may explicitly enumerate and limit the authorized uses of the database, whereas others may not use such restrictive language. Thus, when browsing this chart for information on a specific state statute, the reader is advised to review the text of the statute(s) to provide additional context to the chart.

Materials

S Axelrad. Survey of state DNA database statutes. The American Society of Law, Medicine and Ethics. January 12, 2005.

Survey of DNA database statutes grid (Excel table). The American Society of Law, Medicine and Ethics. April 2006.