- guardian.co.uk, Tuesday May 21 2002 12.44 BST
Secretly taking DNA samples to settle paternity cases or to obtain information about an individual should be made a criminal offence, Britain's genetic watchdog said today.
The recommendation is one of a number of tough regulations on the use and storage of genetic data proposed by the Human Genetics Commission.
The only exception to the HGC's proposals would be if collecting or testing DNA was for legally authorised forensic purposes.
But the HGC, which advises the government on developments in human genetics and their likely impact, also called for tighter controls on the police and other law enforcement bodies. The HGC believes they should not have access to genetic databases containing information on individuals for medical research - and this should be clarified in law.
Human rights watchdogs have been concerned about the use of genetic material collected during research by law enforcement agencies as well as employers and insurance companies.
Researchers are currently required to hand over genetic evidence if a court order is issued. The research community has been concerned that such a prospect would put volunteers off donating DNA samples for studies.
The commission is recommending that independent bodies, such as ethics committees, oversee the running of research databases and DNA collections, and make the decision over how material is used.
The recommendation has particular implications for genetic research projects such as Biobank UK, which involves setting up a database of 500,000 people's DNA samples. Medical records would be tracked over long periods to compare genetic predisposition to certain illnesses with the environmental factors affecting a person's health.
A spokesman for the Medical Research Council, which is jointly funding the Biobank project, said the HGC's recommendation for the implementation of independent watchdogs was something already in its plans.
"The monitoring and oversight body would set the broad strategy for how the data could be used. Every application for use of the data would go through the oversight body. We have said that police and insurance companies and employers will not automatically have access to the data."
However, Biobank could be compelled by law to reveal genetic evidence under a court order.
"We would never willingly give out the information. But we couldn't act illegally, so if we were forced, we couldn't go against such an order," said the MRC's spokesman.
Baroness Kennedy QC, who chairs the commission, said: "Our report is about balancing interests in the use of personal genetic data. We must ensure that there are proper safeguards in place to protect individuals from any abuse in obtaining and storing genetic information. At the same time, we must not miss out on the major benefits for all of us that medical research using genetic information can bring."
However, David King, co-ordinator of Human Genetics Alert, an independent watchdog group, said he was disappointed by the HGC's "weak report", which, he said, does little to take the debate forward. "Instead of protecting the public, the GC seems scared to offend the medical research establishment. After all the medical scandals, surely we deserve something better," he said.
The report followed a 12-month consultation.
