Feds to collect DNA from anyone they arrest

WASHINGTON — The government plans to begin collecting DNA samples from anyone arrested by a federal law-enforcement agency, a move intended to prevent violent crime but that also is raising concerns about the privacy of innocent people.

Using authority granted by Congress, the government also plans to collect DNA samples from foreigners who are detained, even if they have not been charged.

The DNA would be collected through a cheek swab, Justice Department spokesman Erik Ablin said Wednesday. That would be a departure from current practice, which limits DNA collection to convicted felons.

Expanding the DNA database, CODIS, raises civil-liberties questions about the potential for misuse of such personal information, such as family ties and genetic conditions.

Ablin said the DNA collection would be subject to the same privacy laws applied to current DNA sampling. That means none would be used for identifying genetic traits, diseases or disorders.

Congress gave the Justice Department the authority to expand DNA collection in two laws passed in 2005 and 2006.

There are dozens of federal law-enforcement agencies, ranging from the FBI to the Library of Congress Police. The federal government estimates that it makes 140,000 arrests each year.

Justice officials estimated the new collecting requirements would add DNA from an additional 1.2 million people to the database each year.

Those who support the expanded collection think DNA sampling could get violent criminals off the streets and prevent them from committing more crimes.

Thirteen states have similar laws: Alaska, Arizona, California, Kansas, Louisiana, Maryland, Minnesota, New Mexico, North Dakota, South Dakota, Tennessee, Texas and Virginia.

The new regulation would mean the federal government could store DNA samples of people who are not guilty of any crime, said Jesselyn McCurdy, legislative counsel for the American Civil Liberties Union (ACLU).

"Now innocent people's DNA will be put into this huge CODIS database, and it will be very difficult for them to get it out if they are not charged or convicted of a crime," McCurdy said.

If a person is arrested but not convicted, he or she can ask the Justice Department to destroy the sample.

The Homeland Security Department (DHS) — the federal agency charged with policing immigration — supports the new rule.

"DNA is a proven law-enforcement tool," DHS spokesman Russ Knocke said.

The proposed rule is being published in the Federal Register. That will be followed by a 30-day comment period.