By: Kate Donovan
Genealogical research has rapidly changed and improved with advancements in technology, specifically online databases with DNA information and most recently the use of artificial intelligence. These advancements have allowed individuals to research and find more accurate genealogical information, but also discover this information in an efficient manner. Another reason that DNA research has become prominent is its use in solving crimes that have previously been unsolved and DNA research has allowed law enforcement to resolve. The reason for this breakthrough is due to technological advancements and the ability to store this data on online databases to be later retrieved by different law enforcement agencies. One of the main concerns around personal information of this caliber is that it is being transferred from a paper trail to different online databases that may be vulnerable to data breaches. The breach of this data has occurred before and is a worry that users have. A way that technology is working to combat the data breach issue is the development of “blockchains.” There is also the concern about ethical
violations and how law enforcement obtains DNA from individuals not always with proper consent in the same way that people are normally able to consent to sharing their genealogical data.
Genealogy research started to develop during the 19th century and has continued to advance with the creation of vital record keeping where the government has access to marriage and death certificates, birth certificates, and newspaper articles. Most recently, the development of online databases where genealogical information can be sought by individuals has allowed users to find genealogical information easily and accurately with the assistance of AI. The role that AI has played is by using machine learning techniques to create algorithms that predict relationships. The algorithms that AI generates also uncover other relationships that human error would miss.
Furthermore, DNA research is also being used as a tool to combat crime, this was established as an aid for law enforcement in 1994 with the DNA Identification Act. The genealogy process is voluntary and the use of ancestry-related profiles that are stored in different online databases are used to help solve crimes. One of the most notable killers, the Golden State Killer was located and caught in 2018 because of the use of forensic genealogy technology. In 1998 the Combined DNA Index System (CODIS) was created to allow states to submit and search the DNA of individuals across different states. The growth of this database was originally negative, and there were concerns about consent and ethics behind people who were charged with crimes being forced to submit their information to this database. It is controversial because the genealogical process on other websites is a process that users consent to. In 2023, 21.7 million people’s DNA profiles were stored in the FBI database which is equivalent to almost 7% of the U.S. population. This number will continue to increase because of the effort to create a universal DNA database, but also the additional funding that was passed by Congress to continue this research will begin in 2024 fiscal year.
Even with improvements in technology, there is also always the concern of what happens if the data that is stored in different online databases is breached? This is a real concern for users of these different genealogical websites but, there are also real concerns about the privacy of individuals personal information. In the past, there have been breaches which has resulted in AI’s plan to create protective measures to ensure data privacy. A breach that previously occurred was from the website GEDMatch, where at the time, 1.4 million users’ information was stored. This breach caused concern among users because there is no other way to gain back access to DNA information because it is so singular and personal. This incident set a new standard of security for different genealogical websites and the surge to create stronger protections like the AI development of blockchains. Blockchains are defined as a “secure and decentralized system for storing and sharing genealogy data, researchers will have easier access to diverse data sets while ensuring that the data remains secure and private.” Data privacy is obviously something that is very important to users of these genealogical websites. There is also the real concern that AI has different limitations and may not always have the ability to make connections that humans may make by assessing genealogical data. With the development of blockchains and the growing trends of people seeking out this information, the hope moving forward is that individual’s personal information will not be shared or misused and continue to be used for good like making family connections and solving crime.
The other concern around the collection of DNA information and its storage in different databases is the way that it is obtained. Sometimes, this information is collected without the consent of the person, which causes concern for individuals privacy rights and liberties. The development of (CODIS) was originally unsuccessful with many states not contributing to the database so its value was low, but now the database has grown exponentially and so has the funding behind it. The expansion of the DNA databases causes concerns about individuals’ ability to consent to DNA testing and data collection. Today, police have the authority to take a DNA sample of anyone with a felony charge, whereas back in the 1990’s when this technology was originally developed states were only obligated to submit information regarding convicted sex offenders. It has been largely upheld by courts that police have the authority to obtain DNA of convicted criminals. In April of 2023, Congress made requests to increase their budget in an effort to expand their DNA processing requirements to expand their DNA database. It is predicted that as technology develops, it will continue to become even more sophisticated.
In conclusion, genealogy will continue to be important to people and their families. So not only are individuals able to gain knowledge about their own family tree, but law enforcement is also able to use this information to solve crimes. The concerns moving forward are the privacy implications that can occur such as data breach, but also ethical concerns regarding individual’s consent to enter these databases. The development of blockchains will likely provide more comfort for users because online databases are working to ensure the privacy of their users and taking more precautions than ever before. Congressional implications with an increasing budget suggest that collection of DNA information and genealogical research will continue to grow. This trend also suggests there will eventually be a universal DNA database that could also be used for genealogical purposes. This universal database would likely be more protected that any other genealogical database because it would be a governmentally funded entity holding more DNA information than any other genealogical database.
Student Bio: Kate Donovan is a second-year law student at Suffolk University Law School. She is a staff member for the Journal of High Technology Law. Kate received a Bachelor of Arts degree in Political Science and Psychology from Syracuse University in 2021.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
