In bioethics and

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, gene theft or DNA theft is the act of acquiring the

genetic material Nucleic acids are large biomolecules that are crucial in all cells and viruses. They are composed of nucleotides, which are the monomer components: a 5-carbon sugar, a phosphate group and a nitrogenous base. The two main classes of nucleic aci ...

of another individual, usually from public places, without his or her permission. The

DNA Deoxyribonucleic acid (; DNA) is a polymer composed of two polynucleotide chains that coil around each other to form a double helix. The polymer carries genetic instructions for the development, functioning, growth and reproduction of al ...

may be harvested from a wide variety of common objects such as discarded cigarettes, used condoms, coffee cups, and hairbrushes. In addition, a variety of people can be interested on collecting someone's genetic material. This includes the police, political parties, historians, professional sports teams, personal enemies, etc. DNA contains adequate amount of information about someone and it can be used for many purposes such as establishing paternity, proving genealogical connections or even unmasking private medical conditions.Harmon, Amy. Stalking Strangers’ DNA to Fill in the Family Tree. ''The New York Times'' April 2, 2007

Criminal law

Currently, there are not many laws pertaining to the punishment that one may receive from obtaining the genetic material of others without their consent. However, due to the Health Insurance Portability and Accountability Act (HIPAA), one's genetic material cannot be given to his or her school or employer as the genome is a part of one's personal health data, but, law enforcement can have access to it without consent. This only occurs when a person is either a victim or a suspect of a criminal investigation.

Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...

criminalized the acquisition of DNA without

consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood i ...

in 2006 at the urging of the Human Genetics Commission. Australia's legislature debated a two-year jail sentence for such theft in 2008. In the United States, eight states currently have criminal or civil prohibitions on such non-consensual appropriation of genetic materials. In

Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

, New York and

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

, individuals caught swiping DNA face fines or short jail sentences.Appel, Jacob M
'Gene-nappers,’ like identity thieves, new threat of digital age
, ''The New Haven Register'', Nov. 5, 2009 Lawsuits against "gene snatchers" are permitted in

Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

and

New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...

. In jurisdictions where such non-consensual taking of DNA is illegal, exceptions are generally made for law enforcement.

Ethics

Many bioethicists believe that such conduct is an unethical invasion of human privacy. Professor Jacob Appel has warned that criminals may acquire the capability to copy DNA of innocent people and deposit it at crimes scenes, endangering the blameless and undermining a key tool of forensic investigation." In addition, there have been ethical concerns on law enforcement using the DNA of the family members of criminals to catch them. This concept was used for the Golden State Killer case in

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

, who was connected to at least 50 rapes and 12 murders between 1976 and 1986. After the case went cold, investigators used a website that compared the genetic information of those who had uploaded their information and found a relative of the killer. However, others defend the appropriation of genetic material on the grounds that doing so may further human knowledge in productive ways. One particularly controversial case which received widespread attention in the media was that of Derrell Teat, a wastewater coordinator, who sought to acquire without consent the DNA of a man who was allegedly the last male descendant of her great-great-great-grandfather's brother. Another prominent case was a United States paternity suit involving film producer Steve Bing and billionaire investor

Kirk Kerkorian Kerkor Kirk Kerkorian (; June 6, 1917 – June 15, 2015) was an American businessman, investor, and philanthropist. He was the president and CEO of Tracinda Corporation, his private holding company based in Beverly Hills, California. Kerkorian ...

.Coghlan, Andy
DNA theft should "be a criminal offence"
May 21, 2002

References

{{Reflist Genetics Crimes Identity theft

Criminal law

Ethics

See also

References