There is no law in California to prohibit local law enforcement databases from retaining victims’ profiles and searching them years later for different purposes.
DNA from her sexual assault case was used by San Francisco policeDuring a search of a San Francisco Police Department crime lab database, the woman’s DNA was tied to a burglary in late 2021. Her DNA had been collected and stored in the system as part of a 2016 domestic violence and sexual assault case, then-District Attorney Chesa Boudin said in February in a shocking revelation that raised privacy concerns.
A San Francisco Police Department advertisment outside police headquarters in San Francisco, Monday, Sept. 12, 2022. “This is government overreach of the highest order, using the most unique and personal thing we have – our genetic code – without our knowledge to try and connect us to crime,” the woman’s attorney, Adante Pointer, said in a statement.
The revelation prompted a national outcry from advocates, law enforcement, legal experts and lawmakers. Advocates said the practice could affect victims’ willingness to come forward to law enforcement authorities. Federal law already prohibits the inclusion of victims’ DNA in the national Combined DNA Index System. There is no corresponding law in California to prohibit local law enforcement databases from retaining victims’ profiles and searching them years later for entirely different purposes.
California lawmakers last month approved a bill that would prohibit using the DNA profiles collected by police from sexual assault survivors and other victims for any purpose other than aiding in identifying the perpetrator. Local law enforcement agencies would also be prohibited from retaining and then searching victim DNA to incriminate them in unrelated crimes under the legislation, which is pending before Gov. Gavin Newsom.
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