Forensic genetic genealogy helps solve crimes, and all states should regulate it, ABA House says
The House of Delegates addressed the use of forensic genetic genealogy at the ABA Annual Meeting in Chicago on Monday. (Image from Shutterstock)
The House of Delegates addressed the use of forensic genetic genealogy at the ABA Annual Meeting in Chicago on Monday.
Resolution 519 calls on all states to adopt legislation that regulates the use of forensic genetic genealogy to identify suspects or victims in criminal cases. It should be based on a 2021 Maryland model law that includes specific tenets to protect users of genealogical databases such as FamilyTreeDNA and GEDmatch.
The resolution also urges any legislation regulating the use of forensic genetic genealogy to require judicial supervision; provide the defense with access to the information; follow guidelines shared by the U.S. Department of Justice; and provide data privacy protections for genealogical database users.
Stephen Saltzburg, a delegate from the Criminal Justice Section, said in introducing the resolution that it covers the relationship between law enforcement agencies and genealogical databases that gather DNA evidence from people who are willing to provide it. Law enforcement uses this evidence to identify individuals who have committed crimes.
“The problem is it’s been kind of a Wild West,” Saltzburg said. “There are no rules about what these entities should be able to do and what kind of protections the people who provide their DNA should get.”
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The Forensic Genetic Genealogy Project tracks criminal cases that have been solved using investigative genetic genealogy, according to the report accompanying Resolution 519. As of early August, the technique had been used to solve 651 criminal cases involving 313 individuals.
But the report also says few states address the use of forensic genetic genealogy by law enforcement.
On a personal note, Saltzburg said his colleague Neal Sonnett was supposed to introduce Resolution 519 to the House. Sonnett, a renowned criminal defense attorney and longtime leader in the Criminal Justice Section, died in July.
“In the two weeks before he passed, Neal asked me to say something to you,” Saltzburg said. “He wanted me to tell you that every time he got up in the House, he loved the opportunity to speak to you, to talk to you, to work with you. He loved the ABA, but he really loved the House of Delegates. And it showed.”
Salzburg played a recording of Sonnett’s voice asking the House to vote in favor of the resolution. It passed overwhelmingly.
See also:
Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms
