Recently, FamilyTreeDNA changed the Terms of Service without notifying their customers. On the other hand, another genetic testing company, GEDmatch did the right thing by notifying their customers about the change in their Terms of Service. They informed their customers by making sure they either read and accepted the new change or have an option to remove their DNA from the data when they logged into their account. FamilyTreeDNA’s old Terms of Service was stated,
You agree to not use the Services for any law enforcement purposes, forensic examinations, criminal investigations, and/or similar purposes without the required legal documentation and written permission from FamilyTreeDNA.
Now, the new Terms of Service states,
You agree to not use services for law enforcement purposes unless the DNA Sample submitted or Genetic Information supplied was obtained and authorized by law enforcement to either: (1) identify a perpetrator of a violent crime, as defined in 18 U.S. Code (924) (e) (2) (B), against another individual, including sexual assault rape, and homicide; or (2) identify the remains of a deceased individual.
Ever since the news spread about FamilyTreeDNA releasing genetic information to the FBI, there was a large spectrum of reactions from the society. From a blogger, thednageek, expressed its feelings by mentioning that it is inappropriate for FamilyTreeDNA to release the genetic information of innocent people to solve crimes. This can can potentially violate the Fourth Amendment of the United States Constitution. With that being said, the blogger was asking if we can trust FamilyTreeDNA again. For the privacy advocates it is a concern because the FBI’s ability to match genetic profiles that customers submitted to a private company are now being used in ways that most of the customers are unaware of and that some would likely object to. Despite the concerns, FamilyTreeDNA touted their work with the FBI. A genetic genealogist based in Livermore, California stated, “All in all, I feel violated, I feel they have violated my trust as a customer. I’ve got to decide whether I want to opt out of matching or delete my kits”. Another British genealogy enthusiast, Debbie Kennett, stated, “I would be very against Family Tree DNA allowing law enforcement to have open access to their DNA database. I don’t think it’s right for law enforcement to use a database without the informed consent of the consumer”. In another article, Debbie Kennett stated, “The real risk is not exposure of info but that an innocent person could be swept up in a criminal investigation because his or her cousin has taken a DNA test. On the other hand, the more people in the databases and the closer the matches, the less chances there is that people will make mistakes.”
In contrast, a survey was conducted by a genealogist, of people involved in genealogy in the U.S. and Europe, 85% of respondents said they were comfortable with law enforcement using their DNA profiles to catch a serial killer or rapists. 96% of those who participated in the survey had taken a DNA test. There are two different perspectives on this situation of FamilyTreeDNA releasing the information to the law enforcement. Some people are against the idea of FBIs going through DNA samples to find evidence of a crime. While others are for it because they think solving crimes correctly by identifying the offender will give families and friends, as well as the community, a peace of mind during the difficult times. Also, some think it is unethical of them to change the Terms of Service without informing their customers.
Sources
https://thednageek.com/ftdna-opens-the-door-to-the-cops/
http://fortune.com/2019/02/01/genetic-testing-consumer-dna-familytreedna-fbi/
Livi's Blog 