France's Constitutional Council ruled on Thursday against the use of genetic genealogy in criminal investigations. This technique, which allows investigators to trace suspects using publicly available DNA databases, will no longer be permitted. The decision comes after several legal cases reignited the debate surrounding these investigative methods borrowed from American practices.
A sanctioned legal loophole
The magistrates of the rue de Montpensier point to the lack of appropriate legal safeguards. The legislature has not provided sufficient mechanisms to regulate this practice and protect the right to privacy of the individuals involved. This legal deficiency rendered the use of genetic genealogy incompatible with constitutional requirements, despite the tool's potential value in resolving certain complex cases.
Censorship now compels Parliament to revise its proposal if it wishes to authorize this technique. A new law will have to establish a strict framework, defining the conditions of use and the safeguards offered to citizens whose genetic data could be indirectly exploited through their relatives.
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