This article seeks to demonstrate the need for further development of Australian law applicable to non-consensual collection and analysis of DNA. There is presently no recognition of proprietary rights or legal interests in DNA, anyone may take possession of an abandoned personal item and analyse DNA found on it. Once DNA becomes dissociated from a person's body, there are no legal mechanisms which prevent it from being collected and submitted for genetic analysis such as the ancestry tests offered by Direct to Consumer (DTC) genetic testing services. This analysis can reveal sensitive information about a person, such as paternity or disease carrier status, and existing privacy law offers little protection. Further, non-forensic DNA samples such as medical samples that may be collected in a hospital setting can be repurposed by law enforcement for investigations. While there are legitimate reasons why law enforcement may utilize non-forensic DNA samples, this practice falls outside the scope of existing forensic procedures legislation. This article provides a detailed examination of this legal gap and its contemporary significance, providing a foundation for further law reform.
Shackel et al. (Tue,) studied this question.