global dna databasing policy: annual legislative update & dna interoperability policy
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Global DNA Databasing Policy: Annual Legislative Update & DNA Interoperability Policy. Presented by: Tim Schellberg, President GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) 258-2301 Tacoma, WA (253) 620-6500. - PowerPoint PPT PresentationTRANSCRIPT
Global DNA Databasing Policy:Global DNA Databasing Policy: Annual Legislative Update & Annual Legislative Update &
DNA Interoperability PolicyDNA Interoperability Policy
Presented by:
Tim Schellberg, President GORDON THOMAS HONEYWELL
Governmental Affairs
Washington, DC (202) 258-2301Tacoma, WA (253) 620-6500
Asian Forensic Sciences Network 2010 Annual Meeting & Symposium
Brunei1-3 June 2010
SOLVE MORE CRIME
PREVENT MORE CRIME
EXONERATE THE INNOCENT
COST / BENEFIT
Why Offender DNA Databases?
Have Your Lawmakers Created Robust Database Policy?
Offender Database Size Controls the “Hit Rates”
Estimates
Sex offenders 5%
Sex offenders & Violent offenders 10%
Sex offenders, Violent offenders and Property crimes 20%
All crimes 45%
All arrestees 60%
Politics of DNA Databases
Decisions controlled by top Government officials. Legislation required in most countries.
Crime Control vs. Privacy
The World is Positioning for Explosive Growth of Offender DNA Database Programs
2000 ~ 6% of the world’s population has passed and implemented offender DNA database legislation/policy (United States and United Kingdom)
2010 ~ 30% of the world’s population has passed and implemented offender DNA database legislation/policy
Largest countries added between 2000 and 2010 : China, Germany, France and Spain
2015 ~ 60% of the world’s population will have passed and implemented offender DNA database legislation/policy.Largest countries with offender DNA database Legislation/Policy positioned to be passed and implemented by 2015: India, Brazil, Russia, and many Asian countries
How many total samples will there be in 2015 or 2020?2010 – 20 million – 50% from the US and UK
●●●●
North America
Central America
South America
Europe
Middle East
Africa
Asia
Australia & Oceania
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Global Legislative Update
Comprehensive and up-to-date information on DNA database programs worldwide.
Color-coded for easy recognition of database status
Country profiles include DNA database criteria and technical specifics
Continuously updated resources to include laws, amendments, news articles, and other external information
International.DNAresource.comInternational.DNAresource.com
United States
Until recently the United States focused just on convicted offenders
In 2004 only 3 states collected DNA from arrested criminals
Today, 23 states collected DNA from arrested criminals
Laws allow for profile destruction if not convicted – Compare to the United Kingdom law.
President Obama announces support of arrestee testing. New federal legislation to promote arrestee testing in the states
Legislative focus on changing laws from convicted offenders to arrestees
http://link.brightcove.com/services/player/bcpid70069263001?bclid=69917219001&bctid=70456124001
Europe
Legislation passed in the last 12 months
Italy - Convicted offenders – Passed June 2009
Greece – Convicted offenders – Passed August 2009
Macedonia - Convicted and arrested offenders – Passed August 2009
Who’s Next?
Ireland
Belarus
Czech Republic
Lithuania
Arrestee policy•European Court of Human Rights strikes down UK policy of permanent retention
•New coalition government in UK is headed towards destruction policy
•Big implications for all other European Countries
Prüm •Implementation of Prüm is primary focus in Europe
European Court
UK Prime Minister, David Cameron & Deputy Prime Minister Nick Clegg
Asia Aggressive expansion in offender DNA databasing
Large Countries have begun or will soon begin offender testing: China (20% of world population), India (17% of world population), Japan (1.9% of world population), South Korea (.73 percent of world population)
Who is next? India
Legislation positioned to pass in 2010 Priority for new leadership
Thailand Legislation being drafted. CODIS being Considered
Vietnam Offender database policies being developed CODIS being considered
Chile - Legislation passed in 2009
Limited to violent convicted offenders Implementation expected soon
Brazil
World’s second largest installation of CODIS (16 locations) - May 17, 2010 Databasing legislation expected in late 2010
South America
Summary of Key International DNA Database Policy Issues
Arrestee Databases
Arrestee Sample Profile Destruction
Familial Searching
Significant benefits - UK has used it 185 times and has solved 33 serious crimes
Privacy concerns causing limited use
The Prüm TreatyA lesson in International Forensic Cooperation
Prüm, Germany (Western Germany)
Treaty signed May, 2005
What Is the Prüm Treaty?
Cross-Border Cooperation to Automate the Exchange of: DNA Fingerprints Vehicle registrations
Policy Objectives: Increase cross-border cooperation Combat terrorism Reduce illegal migration
What is the Prüm Treaty (Cont’d)
No central database will exist Each national database will only be compared against each other Policy: The EU is organized to maintain a strong sense of independent
national sovereignty in criminal justice matters.
Hits in Prüm Daily hit report – No personal data Personal data only shared after going through legal assistance
procedures Policy:
Governments very protective of citizen data Law enforcement and judicial difference between countries
Who Will Participate?
Treaty Originally signed by Austria, Germany, the Netherlands, Luxemburg, Belgium, France, and Spain Early cross-border tests between Netherlands, Austria and Germany
established the momentum for Prüm
European Union (EU) coverts Prüm Treaty into EU mandate - Council Decision 2008/615&616/JHA - June 2008 All 27 Countries of the EU Implementation mandate by August, 2011 Non-EU European Countries Switzerland, Norway, Liechtenstein and
Iceland permitted to join Prüm
FBI Develops CODIS 7.0 with Prüm in mind
How Prüm Works
Joint development by Germany, Austria, and the Netherlands
Credit: Dr. Kees van der Beek
Prüm Inclusion Rules At least 6 of the 7 ESS-Loci for known
persons ESS – European Standard Set:
European agreement to use 7 common Loci adopted by the European Network of Forensic Science Institutes (ENFSI) in 1999 – Expanded to 12 loci in 2009
At least 6 loci for crime scene stains
No mixed profiles (only 2 values per locus)
No profiles that a country does not want to make available (e.g. Elimination samples, suspect samples, etc.)
Credit: Dr. Kees van der Beek
Prüm Matching Rules
• At least 6 fully matching loci• 1 mismathcing allele allowed (near match)• 1 basepair difference allowed (microvariants)
Credit: Dr. Kees van der Beek
Adventitious Matches An expected consequence of Prüm
ESS of 7 loci was created for smaller separate individual DNA database searches
Prüm creates searching in multiple databases that could exceed tens of millions
Result: Numerous adventitious matches will occur
Example: Netherlands - Germany Search Comparing 20,000 Dutch casework samples against 500,000 German database samples will lead to over 100 adventitious matches – many more when compared to all of Europe
Adventitious Matches (Cont’d)
Long-Term Fix ESS for loci raised from 7 to 12 Little impact on adventitious matches in the short-term
EU policy: Expect adventitious matches. Do not assume a true hit unless other types of evidence exists
Prüm – Lessons Learned for Asia
ENFSI & EU have a long history of collaborating and developing forensic standards.
□ HOWEVER, ENFSI or the EU did not envision large automated European wide sharing when choosing 7 loci as the original ESS.
ASIA ADVANTAGE□ Large scale databasing is just now
starting. □ Asian Forensic Science Network, and
the Regional East Asia Forensic DNA Workgroup have organized to create the forum for discussion.
PRÜM AS A MOTIVATOR□ How cross-border automated sharing can work. □ Caution - Plan for the future
Collect from a large standard set of loci. Develop database standards that make future cross-border searching interoperable
and efficient.
Acknowledgements
We would like to thank the following individuals:
Dr.Ir. C.P. (Kees) van der Beek, MBA
Custodian, Dutch DNA-databaseEuropean Network of Forensic Science Institutes
Peter SchneiderInstitute of Legal MedicineUniversity Hospital of Cologne, Germany