bioethics Bioethics is both a field of study and professional practice, interested in ethical issues related to health (primarily focused on the human, but also increasingly includes animal ethics), including those emerging from advances in biology, me ...

and

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, gene theft or DNA theft is the act of acquiring the genetic material of another individual, usually from public places, without his or her permission. The DNA may be harvested from a wide variety of common objects such as discarded cigarettes, used 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 northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...

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 as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...

in 2006 at the urging of the

Human Genetics Commission The Human Genetics Commission (HGC) was an advisory non-departmental public body that advised the UK government on the ethical and social aspects of genetics. This included genetic testing, cloning and other aspects of molecular medicine. The Comm ...

. 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 ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delawa ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

and

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

, 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 state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over t ...

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by 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 ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe, New Mexico, Santa Fe , LargestCity = Albuquerque, New Mexico, Albuquerque , LargestMetro = Albuquerque metropolitan area, Tiguex , Offi ...

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

Ethics

Many

bioethicists Bioethics is both a field of study and professional practice, interested in ethical issues related to health (primarily focused on the human, but also increasingly includes animal ethics), including those emerging from advances in biology, med ...

believe that such conduct is an unethical invasion of human privacy.Appel, Jacob M
'Gene-nappers,’ like identity thieves, new threat of digital age
, ''The New Haven Register'', Nov. 5, 2009 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 state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

, who was connected to at least 50 rapes and 12 murders between 1976 to 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.Harmon, Amy. Stalking Strangers’ DNA to Fill in the Family Tree. ''The New York Times'' April 2, 2007 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 Kerkorian ( hy, Գրիգոր Գրիգորեան; 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 Beve ...

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

References

{{Reflist Genetics Crime Identity theft

Criminal law

Ethics

See also

References