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The Forensic Use of Bioinformation: ethical issues Professor Sir Bob Hepple QC FBA

The Forensic Use of Bioinformation: ethical issues Professor Sir Bob Hepple QC FBA Chairman, Nuffield Council on Bioethics and Working Group. Nuffield Council on Bioethics. Established in 1991 Independent body that examines ethical questions raised by advances in biology and medicine

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The Forensic Use of Bioinformation: ethical issues Professor Sir Bob Hepple QC FBA

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  1. The Forensic Use of Bioinformation: ethical issues Professor Sir Bob Hepple QC FBA Chairman, Nuffield Council on Bioethics and Working Group

  2. Nuffield Council on Bioethics • Established in 1991 • Independent body that examines ethical questions raised by advances in biology and medicine • Contributes to policy making and stimulates debate

  3. Forensic bioinformation: background • Many criminals caught through use of bioinformation • UK has largest forensic DNA database per capita • Fingerprints are most common type of bioinformation used by police • But use of DNA seen as more sensitive • Lack of public discussion about extension to police powers

  4. Forensic bioinformation: Working Group Members with expertise in law, genetics, philosophy and social science Began work in September 2006 Public consultation received 135 responses: 76% individuals 24% organisations Fact finding meetings

  5. Forensic bioinformation:The Report • Aim: to promote public discussion and assist policy makers • Focus: DNA and fingerprinting Structure: • Ethical issues • The science • Criminal investigation • Trial • Other uses • Governance

  6. Ethical values • Protection of public from crime vs protection of ethical values: • Liberty • Autonomy • Privacy • Informed consent • Equality • We endorse a rights-based approach, i.e. a balance between personal liberty and the common good

  7. ‘No reason to fear if you are innocent’ • This argument ignores: • the cost of being involved in a criminal investigation • any intrinsic value of liberty, privacy and autonomy • implications of ‘criminality’ of being on the Database • It is not a sufficient justification for the full extent of police powers

  8. Proportionality and human rights • Our view: the principle of proportionality can resolve conflicts of personal liberty vs common good • Interventions should be based on sound evidence • Rational, coherent, transparent • At the heart of the recommendations in the Report • Any interference with human rights must be proportionate

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