Centre for Internet & Society

In 2006, the Department of Biotechnology drafted the Human DNA Profiling Bill. In 2012 a revised Bill was released and a group of Experts was constituted to finalize the Bill. In 2014, another version was released, the approval of which is pending before the Parliament. This legislation will allow the government of India to Create a National DNA Data Bank and a DNA Profiling Board for the purposes of forensic research and analysis. Here is a collection of our research on privacy and security concerns related to the Bill.

 

The Centre for Internet and Society, India has been researching privacy in India since the year 2010, with special focus on the following issues related to the DNA Bill:

  1. Validity and legality of collection, usage and storage of DNA samples and information derived from the same.
  2. Monitoring projects and policies around Human DNA Profiling.
  3. Raising public awareness around issues concerning biometrics.

In 2006, the Department of Biotechnology drafted the Human DNA Profiling Bill. In 2012 a revised Bill was released and a group of Experts was constituted to finalize the Bill. In 2014, another version was released, the approval of which is pending before the Parliament.

The Bill seeks to establish DNA Databases at the state and regional level and a national level database. The databases would store DNA profiles of suspects, offenders, missing persons, and deceased persons. The database could be used by courts, law enforcement (national and international) agencies, and other authorized persons for criminal and civil purposes. The Bill will also regulate DNA laboratories collecting DNA samples. Lack of adequate consent, the broad powers of the board, and the deletion of innocent persons profiles are just a few of the concerns voiced about the Bill.

DNA Profiling Bill - Infographic
Download the infographic. Credit: Scott Mason and CIS team.

 

1. DNA Bill

The Human DNA Profiling bill is a legislation that will allow the government of India to Create a National DNA Data Bank and a DNA Profiling Board for the purposes of forensic research and analysis. There have been many concerns raised about the infringement of privacy and the power that the government will have with such information raised by Human Rights Groups, individuals and NGOs. The bill proposes to profile people through their fingerprints and retinal scans which allow the government to create different unique profiles for individuals. Some of the concerns raised include the loss of privacy by such profiling and the manner in which they are conducted. Unless strictly controlled, monitored and protected, such a database of the citizens' fingerprints and retinal scans could lead to huge blowbacks in the form of security risks and privacy invasions. The following articles elaborate upon these matters.

     

    2. Comparative Analysis with other Legislatures

    Human DNA Profiling is a system that isn't proposed only in India. This system of identification has been proposed and implemented in many nations. Each of these systems differs from the other on bases dependent on the nation's and society's needs. The risks and criticisms that DNA profiling has faced may be the same but the manner in which solutions to such issues are varying. The following articles look into the different systems in place in different countries and create a comparison with the proposed system in India to give us a better understanding of the risks and implications of such a system being implemented.

     

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