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

Washington, DC Tacoma, Washington

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

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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

NORTH AMERICA

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

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

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

AFRICA

Africa

Mauritius • Passed June 2009

Who is next?

South Africa

Nigeria

Kenya

Ghana

SOUTH AMERICA

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

How Prüm Works (Cont’d)

TESTA Network

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

Thank YouThank You

www.dnaresource.com

tims@gth-gov.com