The contentious DNA Technology (Use and Application) Regulation Bill, 2019 has been the center of recent discussions by a parliamentary panel, with violations of privacy in the proposed DNA data bank being one of the major talking points. This bill aims at creating a National DNA Data Bank, along with Regional DNA Data Banks for states with DNA laboratories mandated to share their data. This move, while innovative and forward-thinking, has raised a few concerns.
The Proposed DNA Data Bank Structure
The bill requires the establishment of various indices within every Data Bank, including crime scene index, suspects’ or undertrials’ index, offenders’ index, missing persons’ index, and unknown deceased persons’ index. The bill aims to store unique genetic information for administrative purposes.
In addition, the DNA Regulatory Board will be set up to supervise these Data Banks and DNA laboratories. The Secretary, Department of Biotechnology will serve as the ex officio Chairperson, and the board will also comprise experts in the field of biological sciences, Director General of the National Investigation Agency, and Director of the Central Bureau of Investigation.
Data Security and Other Concerning Issues
The proposed DNA data bank is not without issues. The first concern arises from the risk of data hacking. After the incident of malware infection at Kudankulam Nuclear Power Plant, the scepticism surrounding the safety of such a sensitive data bank is understandable.
Additionally, there arises a potential violation of human rights. Although DNA plays a pivotal role in solving crimes, it also puts the fundamental rights of individuals at stake since misuse could lead to miscarriages of justice.
Economic and Technological Challenges
Creating large databases is not cost-effective and strains on limited resources. Similarly, inadequate resources currently limit laboratories to assess only one or two samples at once, causing delays in investigations.
Furthermore, the DNA samples can be used to know not just the identity of a person, but also other characteristics like presence of any disease. This raises a possibility of misuse of DNA samples, with potential blackmail and threats looming large.
Limited Use of DNA and Future Perspectives
The bill specifies that a DNA sample can only be used for a specific purpose. For any other use, the DNA sample will have to be reprocessed.
| Fact | Details |
|---|---|
| Data Hacking Risk | Given previous incidents like Kudankulam Nuclear Plant malware infection, threat of sensitive data bank being hacked exists |
| Human Rights Violation | Potential misuse of DNA data could lead to miscarriages of justice |
| Resource Limitations | Creating large databases is resource-intensive and current labs can process limited samples at a time |
| Potential Misuse of DNA Samples | DNA samples can reveal personal information beyond identity, raising concerns over blackmail and threats |
| Restrictions on Usage of DNA | Bill specifies DNA sample usage for specific purpose only, requiring reprocessing for other uses |
Looking Forward: Need for Modernization and Effective Implementation
The challenges are clear. However, modernising technology to process around 40 to 50 samples at a time can significantly accelerate case resolutions and strengthen India’s Justice Delivery System. The use of DNA should not be restricted to a particular purpose; as situations may arise that demand usage of a DNA sample repeatedly.
There needs to be an effective implementation to ensure proper storage and usage of DNA. Equally important is securing human rights by addressing areas of concern such as capacity, training, and consent. Hence, before the DNA Bill comes into effect, these issues need to be resolved satisfactorily.