The Analyse of Forensic DNA Databanks within The Human Rights Dimension

Abstract

This study aims to analyse the forensic DNA banks with the medicolegal and human rights dimensions within the framework of comparative law. Methodology: The study is based on a systematic review and analysis of research and data in the literature. The literature review was conducted using the words 'forensic DNA bank' and 'biobank ' in 'Google Scholar' between July 2018 and November 2018. Findings: DNA profiling has a key role in fighting and solving the crimes especially in the homicide and sexual assault crimes. DNA database provides a significant evidence not just in catching offenders but also exonerating the innocent. DNA databanks are being created in many countries which are aware of the power of the DNA data as an extremely strong evidence. The DNA data banks, which include DNA data obtained from convicts, suspects and the crime scene, increase the likelihood of success in criminal investigations. However, DNA data banks provide significant benefits for the analysis of forensic cases, they cause hesitations due to the potential risks they may have in terms of personal data privacy, human rights and freedoms. Conclusion: The development of forensic genetic studies and DNA analysis through technology has led to discussions on creating DNA databanks and the limitations of these rules and regulations. The issue should be addressed not only with its medical, ethical, and legal aspects but also with regard to the fundamental rights and freedoms.

Keywords

• dna database
• dna fingerprint; biobank; personel data privacy.