23 October 2020

Genes for memory

The DNA of more than 5 million citizens can be entered into the database of the Ministry of Internal Affairs

Vladislav Kulikov, Rossiyskaya Gazeta

The Government Commission on Legislative Activity has considered an initiative expanding the circle of persons whose DNA will be necessarily entered into a special police database. This number will include absolutely all prisoners, as well as citizens sent under administrative arrest, the famous 15 days. Moreover, law enforcement officers will start collecting DNA from all those under investigation.

It is not difficult to assume that the initiative will cause heated debates, especially among human rights defenders. In fact, it turns out that a person who falls under suspicion will automatically leave their genes in the police for memory. Tomorrow the case may be closed or the court will issue an acquittal, but the personal DNA code of the citizen will remain in the secret folders of the special services.

Also, small hooligans who swear in a public place, domestic rowdies who raise their hands on loved ones, malicious alimony payers will register their genes with the police if the court appoints them administrative arrest. Is it good or bad? There are two directly opposite answers to this question.

Chairman of the Board of the Association of Lawyers of Russia Vladimir Gruzdev stressed that genomic registration, which is already being carried out, however, in a limited framework, helps law enforcement agencies to solve old crimes.

The bill refers genomic information to biometric personal data. This is information that characterizes the biological characteristics of a person, on the basis of which it is possible to establish his identity.

"Let me remind you that the Law "On State Genomic Registration in the Russian Federation" was adopted in 2008. He established two types of DNA registration: mandatory and voluntary," said Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia.

Persons convicted and serving a sentence of imprisonment for committing grave or especially grave crimes, as well as all categories of crimes against sexual inviolability and sexual freedom of the individual, are subject to mandatory.

"In addition, unidentified persons whose biological material was seized during the course of investigative actions are necessarily entered into the database. Voluntary DNA registration is carried out for a fee on the basis of a written application," Vladimir Gruzdev explained.

In 2019, out of 127.1 thousand assigned DNA tests, 92.8 thousand contributed to the detection of crimes, mainly grave and especially grave.

In the first half of this year, out of 70.9 thousand DNA tests conducted, 49.8 thousand helped to identify and solve crimes, mainly grave and especially grave.

"Modern methods make it possible to carry out genomic registration even with a minimum amount of biological material, with high accuracy and in a fairly short time. Foreign experience shows that DNA databases begin to function effectively provided they contain genomic information of at least 1 percent of the total population of the country," Vladimir Gruzdev said.

In Russia, as of January 1, 2020, the federal database of genomic information contains information about the DNA of 0.6 percent of the total population of the country: 965.3 thousand objects of accounting.

"If the law is adopted, the array of the federal database of genomic information may increase to 5.2 million accounting objects during 2021-2023, which will amount to 3.5 percent of the total population of the country," Vladimir Gruzdev stressed.

Last year, the genomic registration of convicts revealed 3.1 thousand matches with DNA seized from the sites of old crimes. However, the proposal has critics.

"The expansion of the circle of persons subject to mandatory genomic registration seems unjustified," believes Evgeny Rubinstein, adviser to the Federal Chamber of Lawyers of Russia. – The proposed amendments are in contradiction with the principle of presumption of innocence. Moreover, there are no reasonable grounds for including persons who have committed an administrative offense in this circle."

In addition, according to him, unrestricted access to the DNA database can lead to both abuse in law enforcement and disclosure of personal data.

In turn, lawyer Violetta Volkova compares DNA with fingerprint collection. "At the same time, in my opinion, there is no violation of the rights of individuals. If fingerprinting is a legalized procedural element, DNA sampling will become the same procedural element," she believes.

Lawyer Sergey Kolosovsky agrees that mistakes and excesses are possible. "But that's why the institute of advocacy exists to protect the rights of citizens and fight such excesses on an individual basis," he says.

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