The new DNA law
On Feb. 29, 2024, the federal parliament approved a new DNA law. This law aims to achieve breakthroughs in so-called "cold cases" or stalled cases.
Until today, investigators still had to comply with the 1999 law. This law states that DNA testing can only be done to see if there is a direct match. This means that when DNA is found at a crime scene, only one-to-one comparisons can be made with DNA profiles from the DNA database. In this respect, the new DNA law is groundbreaking, as it allows, among other things, the detection of possible perpetrators of a crime through the DNA of family members.
What does DNA testing involve?
DNA profiles are collected and stored in a DNA database for the purpose of identifying people involved in a crime based on corresponding DNA. These DNA profiles are samples taken from a crime scene, or samples from people already convicted or suspected of a crime.
What exactly is changing?
As a result of the new DNA law, the DNA of close family members may also be looked at as of its enactment. Since a person's DNA also includes DNA from parents, grandparents, siblings, etc., this opens up new possibilities for investigators. An important note to be made is that the family member does need to be included in the DNA database. If this is by no means the case, it is still possible that the investigation could stall.
The new DNA law did anticipate this, as the Y chromosome of a male offender will gradually be included in the DNA database. In this way, the database will gradually continue to grow, which should result in it becoming easier to find a match.
Why the focus on the Y chromosome?
The Y chromosome of the male is passed from generation to generation in an almost identical way. This genetic information makes it possible to map the paternal line that goes very far back. This ensures that very distant relatives can potentially be traced back to a possible perpetrator.
What else will change?
If the genetic information regarding the Y chromosome cannot lead to a breakthrough, researchers are keeping one last option in mind. That is to initiate a kinship search. What is important here is that individuals do this voluntarily. They cannot be obliged to do so. In such an investigation, men in the vicinity of the crime scene can donate DNA. This should make it possible to find a possible match with the perpetrator more quickly.
In addition, the law also dwelled on a number of other issues. For example, DNA samples are going to be kept longer and genetic material from relatives of missing persons is going to be compared with international databases. In this way, it is hoped to solve cases more quickly.
What about privacy?
The researchers note that very few genes are found on the Y chromosome. Nothing is said here about the medical background, nor about external characteristics.
In any case, time will tell whether the goal of the new DNA law will be achieved.
