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ARTICLE · 17 JUNE 2013

Rise Of The Genome

Proskauer Rose LLP
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We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise.

United StatesPrivacy

We pack tons of personal and sensitive information in our DNA.  While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise.  Earlier this month, the U.S. Supreme Court decided what Justice Alito described as "perhaps the most important criminal procedure case that this court has heard in decades."  The case addressed whether police could constitutionally take a DNA sample from a person arrested for a serious crime, and in a 5-4 decision, the Court ruled that DNA collection serves the legitimate government interest in identifying arrestees.  In the majority opinion, however, Justice Kennedy noted that, "If in the future police analyze samples to determine, for instance, an arrestee's predisposition for a particular disease or other hereditary factors not relevant to identity, that case would present additional privacy concerns not present here." 

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