A New York court halted the use of a DNA crimefighting tool that has helped crack cold cases and put murderers behind bars, but has also raised privacy and racial discrimination concerns, because state lawmakers never approved the practice
Three of the panel's five members voted to suspend the searches, which were challenged by a group of Black men who worried they could be targeted for investigation because their biological brothers were convicted of crimes and had genetic information stored in the state's DNA databank.
The ruling pertains only to the state’s DNA databank, which is populated with samples from people convicted of crimes in the state, not databanks that are maintained by private companies such as Ancestry and 23andMe for genetic genealogy research. New York has approved just 30 applications from law enforcement to conduct familial DNA searches since adopting the technique. It has disclosed the names of matches to police in 10 cases, two of which resulted in arrests.
The state legislature authorized the creation of the state's DNA databank in 1994, but only allowed the collection and searching of samples from people convicted of crimes. In 2010, the state authorized the release of partial-match information to law enforcement, but not the technique of searching specifically for relatives of people in the databank.
The suit raised concerns that innocent people could be ensnared in a criminal investigation “based solely on their genetic kinship with convicted individuals.”
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