In the original publication of the article, the author Prof. Seumas Miller was missed to be added as the co-corresponding author in the author group. This has been now corrected with this erratum.

The original article has been corrected.

This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (e.g. 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility.

This book undertakes a multifaceted and integrated examination of biometric identification, including the current state of the technology, how it is being used, the key ethical issues, and the implications for law and regulation. The five chapters examine the main forms of contemporary biometrics–fingerprint recognition, facial recognition and DNA identification– as well the integration of biometric data with other forms of personal data, analyses key ethical concepts in play, including privacy, individual autonomy, collective responsibility, and joint ownership rights, and proposes a raft of principles to guide the regulation of biometrics in liberal democracies.
Biometric identification technology is developing rapidly and being implemented more widely, along with other forms of information technology. As products, services and communication moves online, digital identity and security is becoming more important. Biometric identification facilitates this transition. Citizens now use biometrics to access a smartphone or obtain a passport; law enforcement agencies use biometrics in association with CCTV to identify a terrorist in a crowd, or identify a suspect via their fingerprints or DNA; and companies use biometrics to identify their customers and employees. In some cases the use of biometrics is governed by law, in others the technology has developed and been implemented so quickly that, perhaps because it has been viewed as a valuable security enhancement, laws regulating its use have often not been updated to reflect new applications. However, the technology associated with biometrics raises significant ethical problems, including in relation to individual privacy, ownership of biometric data, dual use and, more generally, as is illustrated by the increasing use of biometrics in authoritarian states such as China, the potential for unregulated biometrics to undermine fundamental principles of liberal democracy. Resolving these ethical problems is a vital step towards more effective regulation.

Genomic data is growing in importance as scientific knowledge and technology develop, and in availability, as direct-to-consumer genomic health testing and recreational genealogy services become more widely utilized. Access to genomic data needs to be considered in light of individual privacy. Cross-sector use of genomic health and ancestry data, and by law enforcement in particular, raises ethical questions and requires appropriate regulation. This article discusses the significance of genomic data and focuses on investigative genetic genealogy, namely the use of genomic health and ancestry data to advance law enforcement, as an example of cross-sector use. An ethical framework is developed that contributes to a more principled approach to genomic data access.

Biometric facial recognition is an artificial intelligence technology involving the automated comparison of facial features, used by law enforcement to identify unknown suspects from photographs and closed circuit television. Its capability is expanding rapidly in association with artificial intelligence and has great potential to solve crime. However, it also carries significant privacy and other ethical implications that require law and regulation. This article examines the rise of biometric facial recognition, current applications and legal developments, and conducts an ethical analysis of the issues that arise. Ethical principles are applied to mediate the potential conflicts in relation to this information technology that arise between security, on the one hand, and individual privacy and autonomy, and democratic accountability, on the other. These can be used to support appropriate law and regulation for the technology as it continues to develop.