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The presence and future of the use of DNA-Information and the protection of genetic informational privacy: A comparative perspective

Authors
Lee, Jungnyum
Issue Date
Mar-2016
Publisher
ELSEVIER SCI LTD
Keywords
DNA-Information; Genetic informational privacy; Genetic fingerprinting; DNA samples; Biological material; Criminal justice system
Citation
INTERNATIONAL JOURNAL OF LAW CRIME AND JUSTICE, v.44, pp.212 - 229
Journal Title
INTERNATIONAL JOURNAL OF LAW CRIME AND JUSTICE
Volume
44
Start Page
212
End Page
229
URI
http://scholarworks.bwise.kr/ssu/handle/2018.sw.ssu/5557
DOI
10.1016/j.ijlcj.2015.10.001
ISSN
1756-0616
Abstract
DNA-Information is used to solve a criminal case or to establish a match between the suspect of a particular criminal case and other unsolved crimes. However, DNA-Information on its own is not entirely reliable evidence as this scientific technology produces errors with a certain probability. The use of DNA Information in criminal proceedings is in conflict with the protection of individual's genetic informational privacy. Although England and Wales, Germany and South Korea have different legal provisions on the use of DNA-Information, in all these legal orders there are similar problems. Therefore, there is a need for appropriate legislative criteria which balance the protection of individual's genetic informational privacy relating to DNA and the effectiveness of the criminal justice system in a society which employs all the available modern forensic technologies. (C) 2015 Elsevier Ltd. All rights reserved.
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