Access to research databases for criminal investigations: legal and ethical considerations of the powers of law enforcement agencies and public interest
Hui Yun Chan1, National University Of Singapore 1National University Of Singapore Singapore
Abstract
Genetic and DNA information contain valuable information for health research and clinical developments. Recent expansions in databases containing clinical, research or genetic information have created opportunities for uses which differ from their original purposes. A clear example is its use for criminal investigations by law enforcement agencies. This development raises important ethical and legal concerns, ranging from privacy issues to public interest considerations and questions about the extent of police powers to access and use genetic information deposited in these databases. Although DNA information has been used to assist police in criminal investigations, changes in laws seeking to widen the powers of law enforcement agencies to collect DNA samples from more people for criminal investigations have revived concerns in two important aspects: (a) protecting public safety and interest; and (b) protecting the privacy of personal information. In this presentation, we explore an example of recent legislative widening of law enforcement agencies’ powers: the Registration of Criminals (Amendment) Bill 2022 in Singapore. We highlight potential concerns with widening police access powers and argue for a limited access approach to research databases for serious crimes purposes only. A limited access approach facilitates the aims of protecting public safety through appropriate exercise of access powers, safeguarding individuals’ expectations of privacy of their personal information contained in these databases and supporting the continued sustainability of third-party research databases.
Biography
Dr Hui Yun Chan is a law scholar with research interests in health law and bioethics. She works on the Future Health Technologies research programme and is affiliated with the Centre for Biomedical Ethics, Yong Loo Lin School of Medicine, National University of Singapore. She has published in the field of advance directives, the application of artificial intelligence in healthcare decision-making and end-of-life care, the ethics of organ donation and the legal and ethical aspects of Covid-19 related issues.