1. Presentation Before the Portfolio Committee for Police A Global Perspective on Forensic DNA Database Legislation By Chris Asplen Vice President Gordon Thomas Honeywell Governmental Affairs

2. Some General Propositions  South Africa can become an example not only for Africa, but for the rest of the world on the effective use of forensic DNA Databases  Laboratory infrastructure already in place  Sophisticated robotics system  Most countries have to pass a law before they build their laboratory infrastructure  Recognition that backlogs represent lives lost  No legislation is worse than imperfect legislation

3. The Importance of Forensic DNA Legislation  There are over fifty Countries throughout the world that have already passed DNA Database legislation  Every Country in Europe  Required by EU legislation for data sharing  United States  Every state has passed separate legislation  Australia  Every State has passed separate legislation  Canada  Russia  Kenya  Malaysia

4. The Importance of Forensic DNA Legislation  No country has every reduced the scope of DNA database testing done  Countries have only every expanded database utilization based on:  The effectiveness of the databases  The security of the Database systems  NO example of Database misuse anywhere in the world

5. The Importance of Forensic DNA Legislation  Each Country and State has had to address similar issues that arise in the context of Forensic DNA databasing  Always in the context of its own legal, historical and cultural frameworks Example – Destruction of samples in Germany  While each DNA database legislation is different, there are many issues which, after extensive scientific and legal research, have been addressed in very similar ways.  In other words there need be no reinvention of the wheel

6. The Importance of Forensic DNA Database Legislation  Some of these issues include:  The creation of forensic DNA sample backlogs  The protection of Human / Constitutional and other legal rights.  Sample and profile retention  The type of sample to be collected and who may collect it

7. The Creation of Forensic DNA Sample Backlogs  This is a natural part of the Forensic DNA integration process;  By nature of passing legislation, that day, police are tasked with analyzing a volume of samples previously non-existent.  The existence of a DNA database itself will drive the increased utilization of DNA technology and evidence collection. Once the database is operational and police see the value of it, they will want to use it more.

8. The Creation of Forensic DNA Sample Backlogs  Most Countries throughout the world have utilized private laboratories to accommodate backlogs created by forensic DNA database legislation  US spends $100 million per year on contracted services  UK utilizes three separate private laboratories  Germany listed the specific laboratories in its legislation.

9. The Protection of Human / Constitutional and other Legal rights.  No Forensic DNA Database has ever been overturned.  Challenged in every country  Marper case was only about the retention of profiles after a determination of innocence  The united Kingdom was the only country in the world that maintained samples in this fashion.  Decision had no impact on any other country database

10. Sample and Profile and Retention  Very country specific  Most countries attach sample destruction to profile retention.  Germany and Belgium destroy samples  Only countries that destroy samples  Any expungement provision MUST allow adequate time for law enforcement to logistically remove samples

11. The Type of Sample to be Collected and Who May Collect It  No country in the world mandates that samples be taken  By blood  By medical personnel Exceedingly expensive Very dangerous Scientifically not necessary