DNA IS DIFFERENT: AN EXPLORATION OF THE CURRENT INADEQUACIES OF GENETIC PRIVACY PROTECTION IN RECREATIONAL DNA DATABASES

[...]the news broke explaining the method investigators used to identify the Golden State Killer, even the operators of GEDmatch were unaware that police could use such websites for criminal investigations, illustrating how little people consider the ramifications of submitting their raw DNA data to such websites.22 As recreational genealogy services become increasingly popular, law enforcement will likely become more enthusiastic about the investigation potential that familial searching in these databases holds. [...]there is currently no legal recourse for someone whose DNA, or whose genetic relatives' DNA, was utilized in a criminal investigation.30 No clear remedies exist for "mistakes, the discovery of embarrassing or intrusive information, or misuse of the information. Current constitutional and statutory protections do not protect voluntarily submitted DNA stored in recreational DNA databases. [...]traditional understandings of the legal considerations around privacy do not map onto DNA data. [...]Part IV asserts that statutory protection is the appropriate solution and that it is imperative to protect the genetic information of individuals stored in recreational DNA databases against invasive use by government actors.