Presentation Before the Portfolio Committee for Police

1. Presentation Before the Portfolio Committee for Police A Global Perspective on Forensic DNA Database Legislation By Chris Asplen Vice President Gordon Thomas Honeywell Governmental Affairs

2. Some General Propositions • South Africa can become an example not only for Africa, but for the rest of the world on the effective use of forensic DNA Databases • Laboratory infrastructure already in place • Sophisticated robotics system • Most countries have to pass a law before they build their laboratory infrastructure • Recognition that backlogs represent lives lost • No legislation is worse than imperfect legislation

3. The Importance of Forensic DNA Legislation • There are over fifty Countries throughout the world that have already passed DNA Database legislation • Every Country in Europe • Required by EU legislation for data sharing • United States • Every state has passed separate legislation • Australia • Every State has passed separate legislation • Canada • Russia • Kenya • Malaysia

4. The Importance of Forensic DNA Legislation • No country has every reduced the scope of DNA database testing done • Countries have only every expanded database utilization based on: • The effectiveness of the databases • The security of the Database systems • NO example of Database misuse anywhere in the world

5. The Importance of Forensic DNA Legislation • Each Country and State has had to address similar issues that arise in the context of Forensic DNA databasing • Always in the context of its own legal, historical and cultural frameworks • Example – Destruction of samples in Germany • While each DNA database legislation is different, there are many issues which, after extensive scientific and legal research, have been addressed in very similar ways. • In other words there need be no reinvention of the wheel

6. The Importance of Forensic DNA Database Legislation • Some of these issues include: • The creation of forensic DNA sample backlogs • The protection of Human / Constitutional and other legal rights. • Sample and profile retention • The type of sample to be collected and who may collect it

7. The Creation of Forensic DNA Sample Backlogs • This is a natural part of the Forensic DNA integration process; • By nature of passing legislation, that day, police are tasked with analyzing a volume of samples previously non-existent. • The existence of a DNA database itself will drive the increased utilization of DNA technology and evidence collection. • Once the database is operational and police see the value of it, they will want to use it more.

8. The Creation of Forensic DNA Sample Backlogs • Most Countries throughout the world have utilized private laboratories to accommodate backlogs created by forensic DNA database legislation • US spends $100 million per year on contracted services • UK utilizes three separate private laboratories • Germany listed the specific laboratories in its legislation.

9. The Protection of Human / Constitutional and other Legal rights. • No Forensic DNA Database has ever been overturned. • Challenged in every country • Marper case was only about the retention of profiles after a determination of innocence • The united Kingdom was the only country in the world that maintained samples in this fashion. • Decision had no impact on any other country database

10. Sample and Profile and Retention • Very country specific • Most countries attach sample destruction to profile retention. • Germany and Belgium destroy samples • Only countries that destroy samples • Any expungement provision MUST allow adequate time for law enforcement to logistically remove samples

11. The Type of Sample to be Collected and Who May Collect It • No country in the world mandates that samples be taken • By blood • By medical personnel • Exceedingly expensive • Very dangerous • Scientifically not necessary