IT MIGHT be a stray hair, or fleck of dandruff, or just a smudge of saliva on a discarded piece of dental floss. We all leave behind a trail of DNA that can readily be analysed by today鈥檚 fantastically sensitive techniques. So how do we stop people sneaking off to get it analysed?
According to the Human Genetics Commission, the British government鈥檚 independent adviser on genetic science, you make it a criminal offence (see 鈥淐all to outlaw DNA theft鈥�). Drafting a law to do this will not be easy. Medical researchers want to build up large banks of human genetic samples, stored anonymously. Any law designed to prevent 鈥淒NA theft鈥� will need to exclude such research. It must also spell out what aspect of the theft is criminal. Sweeping a stray cigarette butt into a bag cannot be a crime, although sending it off to a company for DNA analysis without the owner鈥檚 consent could be.
Despite these difficulties, outlawing 鈥淒NA theft鈥� is, on balance, necessary. It is hard to see how it could ever be in the public interest to let employers, journalists or private individuals access someone鈥檚 genetic information behind their back. And in the US, fathers already appear to be using Internet DNA testing services to run paternity checks without the consent of the child or its mother.
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Yet if such a law is passed the British government risks looking hypocritical. Last year, it gave police unprecedented powers to take DNA samples from just about anyone they call in for questioning. They do not need the person鈥檚 consent and can keep the samples even if the person is acquitted or not charged. So, what was that about outlawing DNA theft?