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DNA and the Protection of privacy through Criminal Law

Since the beginning of DNA sequencing, the forensic science encounters legal problems that can only be addressed following the understanding of DNA sample gathering and by respecting the right to privacy of individuals. Every human being has a unique DNA sequence, with the exception of identical twins, and such data can be used for identification purposes, which means it can be used for convicting the guilty and as well as for acquitting of the innocent (see K. Rooker, The Impact of DNA Databases on Privacy Annotated Bibliography, The University of Dayton School of Law, 2000). The biological evidence is used to produce DNA profiles that are kept in DNA databases, which may violate privacy rights. For example, the DNA samples can be used to “produce information in relation to health, paternity, and other personal issues." (Nachama L. Wilker, Steven Stawski, Richard Lewontin, & Paul R. Billings, DNA on Trial: Genetic Identification and Criminal Justice, DNA Data Banking and the Public Interest, (Paul R. Billings ed.) 1992 at 146). Insurance companies, employers and governmental agencies are interested in such information, which can lead to genetic discrimination (e.g. limit the access to health care, employment, governmental services etc.) (Id.). The problem of DNA databases is that “once a technological program like DNA identification gets established for a pariah group such as sex offenders, it is inevitable that there will be pressure to extend it to yet other groups and also to allow access to increasing numbers of individuals and institutions".(E. Donald Shapiro & Michelle L. Weinberg, DNA Data Banking: The Dangerous Erosion of Privacy, 38 Cleveland State Law Review 455 (1990) at 476). The authors will analyze the legislative framework of Croatian Criminal law regarding the protection of privacy of DNA data.

DNA gathring; legllay and illegaly obtained DNA; puropsed ans use of DNA data; right to potect privacy; Court Decisions; Criminal Protection of DNA information

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