Home Office climbs down over keeping DNA records on innocent | guardian.co.uk

• Civil liberty campaigners claim victory

• Government promises new provisions in next crime bill

Civil liberty campaigners claimed a victory today after the government announced it is dropping current proposals to retain the DNA profiles of innocent people on the national database.

The Home Office has announced that its plan to keep the DNA profiles of those arrested – but never convicted of a crime – for between six and 12 years depending on the seriousness of the offence has been dropped from the policing and crime bill that is going through parliament.

A European court ruling in December found it was unlawful to keep the DNA details of 850,000 innocent people indefinitely on the national database.

The authors of the research on which Home Office ministers based their plan had disowned the proposals. The Jill Dando Institute for Crime Science said its work should not have been used to decide the six- to 12-year time limits because the work was unfinished.

A Home Office spokesman said they hoped to bring forward "further provisions" on DNA retention in the next policing and crime bill earmarked for the next session of parliament, which opens on 18 November. "We have now completed a public consultation on proposals to ensure the right people are on the database as well as considering when people should come off. Those proposals were grounded in the research and allowed us to respond to the judgment of the European court of human rights both swiftly and effectively.

"The government will take the most expedient route to address the issue as soon as possible in order to comply with the European court's judgment."

It is thought that the government would have faced defeat in the House of Lords this week over its DNA retention package if it had pressed on regardless. Ministers need to get the current policing and crime bill on the statute book before next month's Queen's speech and have started making concessions on the most contentious areas of the legislation in order to do so. Last week proposals to introduce "gasbos" – special injunctions to tackle inner city gang membership – were watered down to get them through the Lords.

Chief constables have already been warned by the Home Office to ignore the European court ruling and carry on adding the DNA profiles of the tens of thousands of people they arrest to the national database. But the further delay in clarifying the legal situation is likely to increase the possibility of a high court legal challenge from individuals who feel their DNA has been unlawfully kept.

Isabella Sankey, Liberty's policy director, said: "Better late than never, the government wakes up to concerns about personal privacy. Its current discredited proposals of stockpiling innocents' intimate details for years on end would have breached article 8 of the human rights convention all over again. Whoever thought that this kind of policy could be dealt with via backdoor regulations needs their head rather than their DNA tested."

Commenting on the government dropping its current plan, the Liberal Democrat home affairs spokesman, Chris Huhne said: "It is not surprising that the government has ditched its ill thought out DNA proposals after their savaging by statistical experts.

"It was scandalous to attempt to respond to the European court ruling by circumventing parliament. The government must take this opportunity to end their fudge on DNA. The innocent should be removed from the database immediately – no ifs, no buts."

The announcement comes as the police have won an appeal against an information tribunal ruling that data on old, minor convictions must be deleted from police computers.

The ruling by the court of appeal came in a test case relating to the convictions of five people. Had it gone against the police about 1m convictions probably would have been deleted.

Three judges ruled that retaining information for police operational needs in the fight against crime was far easier to justify than actually disclosing the information to others.

 

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Scientists decry UK Border Agency's "flawed" and "horrifying" nationality tests | ScienceInsider

(This story is adapted from a version appearing in this week's Science)

By John Travis

CAMBRIDGE, UNITED KINGDOM—Scientists are greeting with surprise and dismay a project to use DNA and isotope analysis of tissue from asylum seekers to evaluate their nationality and help decide who can enter the United Kingdom. “Horrifying,” “naïve,” and “flawed” are among the adjectives geneticists and isotope specialists have used to describe the “Human Provenance pilot project,” launched quietly in mid-September by the U.K. Border Agency. Their consensus: The project is not scientifically valid--or even sensible.

“My first reaction is this is wildly premature, even ignoring the moral and ethical aspects,” says Alec Jeffreys of the University of Leicester, who pioneered human DNA fingerprinting.

U.K. immigration policies have been under scrutiny recently as the number of people claiming asylum has soared and as French police in Calais last week cleared a camp of migrants hoping to make it across the English Channel. The existence of a DNA-based program to identify nationality was recently revealed by the Daily Mail and The Observer, sparking protests from refugee advocates. Science has obtained Border Agency documents showing that isotope analyses of hair and nail samples will also be conducted “to help identify a person’s true country of origin.” The project “is regrettable,” says Caroline Slocock, chief executive of Refugee and Migrant Justice headquartered in London. Although asylum-seekers are asked to provide tissue samples voluntarily, turning down a government request for tissue could be misinterpreted, she says, “so we believe [the program] should not be introduced at all."

The Border Agency’s DNA-testing plans would use mouth swabs for mitochondrial DNA and Y chromosome testing, as well as analyses of subtle genetic variations called single-nucleotide polymorphisms (SNPs). One goal of the project is to determine whether asylum-seekers claiming to be from Somalia and fleeing persecution are actually from another African country such as Kenya. If successful, the Border Agency suggests its pilot project could be extended to confirming other nationalities. Yet scientists say the Border Agency’s goals confuse ancestry or ethnicity with nationality. David Balding, a population geneticist at Imperial College London, notes that “genes don’t respect national borders, as many legitimate citizens are migrants or direct descendants of migrants, and many national borders split ethnic groups.”

After reviewing the Border Agency’s plans, Jeffreys echoed those criticisms in an e-mail to Science: “The Borders Agency is clearly making huge and unwarranted assumptions about population structure in Africa; the extensive research needed to determine population structure and the ability or otherwise of DNA to pinpoint ethnic origin in this region simply has not been done. Even if it did work (which I doubt), assigning a person to a population does not establish nationality - people move! The whole proposal is naive and scientifically flawed.”

Another geneticist says the Forensic Science Service, a former government agency that has been privatized, requested his opinion earlier this year on how to develop a genetic assay to distinguish among East African populations. “I thought it was for forensic purposes, not border control,” says Christopher Phillips of the University of Santiago de Compostela in Spain, who with colleagues recently used a DNA sample to correctly infer the ancestry of a suspect in the 2004 train bombings in Madrid. After expressing skepticism about the goal,Phillips suggested some research the FSS could conduct but says he heard no more from them. 

Mark Thomas, a geneticist of University College London who considers the Human Provenance program “horrifying,” contends that even determining a person’s ancestry--as distinct from nationality--is more problematic than many believe. “mtDNA will never have the resolution to specify a country of origin. Many DNA ancestry testing companies have sprung up over the last 10 years, often based on mtDNA, but what they are selling is little better than genetic astrology,” he says. “Dense genomic SNP data does have some resolution … but not at a very local scale, and with considerable errors.”

Details of the plan to use isotope analyses in addition to DNA analyses have intensified skepticism. The plan is to look for ratios of certain isotopes in tissue that could be matched to ratios in the environment where a person was born or grew up. But isotope specialists point to a seemingly obvious flaw: There’s no scientifically accepted evidence that isotope signatures at birth or during childhood are still present in adult samples of constantly growing tissues such as hair and nails. At best, researchers say, those tissues reflect the past year or so of a person’s life. “It worries me as a scientist that actual peoples’ lives are being influenced based on these methods,” says Jane Evans, head of Science-based Archaeology at the National Environment Research Council Isotope Geosciences Laboratory in Nottingham.

Although the agency hasn’t detailed the isotopes it is examining, the use of hair and nail samples suggest the tests will look at “lighter” element isotopes, such as those of hydrogen, oxygen, carbon, and nitrogen, all of which are incorporated into the keratin and other proteins as those tissues grow. Isotopes of strontium and other “heavier” elements incorporate into bones and teeth throughout life and some evidence suggests that strontium measurements can match people to geographic locales in which they were born, or at least grew up. In contrast, the lighter isotopes in tissues such as hair and nails being collected by the Border Agency are typically used to reveal recent diets and climatic conditions, not ethnicity. “I don’t think I could tell the difference between a Kenyan and a Somalian,” says Tamsin O'Connell of the University of Cambridge in the United Kingdom, an archaeologist who specializes in studying light isotopes from soft tissues. 

O’Connell, Evans, and others say they’re puzzled that one Border Agency document titled “Nationality-Swapping” uses the notorious “Adam Torso” case as a proof of principle for employing isotope analysis. In this highly publicized murder in 2001, only the mutilated torso of a teenager was found in the Thames river. Using isotope analysis, “the child’s body was traced to a small Nigerian town in an area about 100 x 50 km wide,” a Border Agency document states (The documents and further scientific reaction will be found at this link). The document notes, however, that the analysis was done on bones, not hair and teeth. “It’s like adding 2 and 2 and getting 3 ½,” says Jessica Pearson of the University of Liverpool, who uses isotope signatures from fossils to examine the diet of ancient humans. Pearson also points out that the forensic methods used in the Adam Torso case are impossible to evaluate because they still haven’t been described in a scientific publication or discussed in court.

Having their fate rest on unproven methods is particularly dangerous for asylum-seekers in the United Kingdom, notes Phillips, because unlike criminal defendants, they have limited or no rights to challenge evidence or appeal. “You can’t parachute in a technique if it isn’t properly validated,” he says.

The Border Agency says only asylum-seekers who have already failed linguistic tests—another contested method of determining nationality—will be asked to provide mouth swabs, hair and nail samples. It also released a written response to scientific criticisms, which said: “Ancestral DNA testing will not be used alone but will combine with language analysis, investigative interviewing techniques and other recognized forensic disciplines. The results of the combination of these procedures may indicate a person's possible origin and enable the UKBA to make further enquiries leading to the return of those intending on abusing the U.K.'s asylum system. This project is working with a number of leading scientists in this field who have studied differences in the genetic backgrounds of various population groups.”

The Border Agency has not yet responded to a request to identify the scientists it is working with, nor has it cited any scientific papers that validate its DNA and isotope methods. It’s also not clear who is conducting the DNA and isotope analyses for the Border Agency. Evans says her lab, which is arguably the U.K.’s leading academic center for isotope studies, is not involved. Several researchers say they suspect private labs are doing most of the work—and they question if such labs have been properly vetted for reliability. Among their many concerns, some scientists also worry that statistical uncertainties may be overlooked.

A Border Agency spokesperson defended its Human Provenance program as a “small pilot at the moment. It’s in its baby stages. We want to get feedback.” They’re getting plenty of that from outraged scientists. “I'd hate to see asylum decisions made [with these methods]. It's peoples' lives we're dealing with,” says Pearson.

 

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Scientists demonstrate that DNA evidence can be faked

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”

Dr. Frumkin is a founder of Nucleix, a company based in Tel Aviv that has developed a test to distinguish real DNA samples from fake ones that it hopes to sell to forensics laboratories.

The planting of fabricated DNA evidence at a crime scene is only one implication of the findings. A potential invasion of personal privacy is another.

Using some of the same techniques, it may be possible to scavenge anyone’s DNA from a discarded drinking cup or cigarette butt and turn it into a saliva sample that could be submitted to a genetic testing company that measures ancestry or the risk of getting various diseases. Celebrities might have to fear “genetic paparazzi,” said Gail H. Javitt of the Genetics and Public Policy Center at Johns Hopkins University.

Tania Simoncelli, science adviser to the American Civil Liberties Union, said the findings were worrisome.

“DNA is a lot easier to plant at a crime scene than fingerprints,” she said. “We’re creating a criminal justice system that is increasingly relying on this technology.”

John M. Butler, leader of the human identity testing project at the National Institute of Standards and Technology, said he was “impressed at how well they were able to fabricate the fake DNA profiles.” However, he added, “I think your average criminal wouldn’t be able to do something like that.”

The scientists fabricated DNA samples two ways. One required a real, if tiny, DNA sample, perhaps from a strand of hair or drinking cup. They amplified the tiny sample into a large quantity of DNA using a standard technique called whole genome amplification.

Of course, a drinking cup or piece of hair might itself be left at a crime scene to frame someone, but blood or saliva may be more believable.

The authors of the paper took blood from a woman and centrifuged it to remove the white cells, which contain DNA. To the remaining red cells they added DNA that had been amplified from a man’s hair.

Since red cells do not contain DNA, all of the genetic material in the blood sample was from the man. The authors sent it to a leading American forensics laboratory, which analyzed it as if it were a normal sample of a man’s blood.

The other technique relied on DNA profiles, stored in law enforcement databases as a series of numbers and letters corresponding to variations at 13 spots in a person’s genome.

From a pooled sample of many people’s DNA, the scientists cloned tiny DNA snippets representing the common variants at each spot, creating a library of such snippets. To prepare a DNA sample matching any profile, they just mixed the proper snippets together. They said that a library of 425 different DNA snippets would be enough to cover every conceivable profile.

Nucleix’s test to tell if a sample has been fabricated relies on the fact that amplified DNA — which would be used in either deception — is not methylated, meaning it lacks certain molecules that are attached to the DNA at specific points, usually to inactivate genes.

Sign in to Recommend Next Article in Science (4 of 24) » A version of this article appeared in print on August 18, 2009, on page D3 of the New York edition.

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DNA database

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