California’s DNA law allows police to collect DNA from anyone arrested on suspicion of a felony – without a warrant and without being charged or convicted of a crime. Those DNA samples are then stored indefinitely and are allowed to be accessed by local, state, and federal law enforcement agencies.
The Electronic Frontier Foundations (EFF) now said in an amicus brief filed with the California Supreme Court, that the law violates privacy, search and seizure protections guaranteed under the California constitution. EFF urges that Californian arrestees, many of whom will never be charged with or convicted of a crime, have a right to privacy when it comes to their genetic material.
According to Jennifer Lynch, EFF Senior Staff, Arrestees that are later found to be innocent still have their DNA stored in law enforcement databases, subject to continuous searches.
“This not only violates the privacy of those arrested, it could impact their family members who may someday be identified through familial searches. The court must recognize that warrantless and suspicionless DNA collection from arrestees puts us on a path towards a future where anyone’s DNA can be gathered, searched, and used for surveillance.”
Source: YubaNet