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{{Short description|Acquiring another person's DNA without permission}}
[[File:DNA orbit animated.gif|thumb|163x163px|Animation of DNA, a part of our identity.]]
In [[bioethics]] and [[law]], '''gene theft''' or '''DNA theft''' is the act of acquiring the [[genetic material]] of another individual, usually from [[Public space|public places]], without their permission. The [[DNA]] may be harvested from a wide variety of common objects such as discarded cigarettes, used condoms, coffee cups, and hairbrushes. In addition, a variety of people can be interested on collecting someone's genetic material. This includes the police, political parties, historians, professional sports teams, personal enemies, etc.<ref>{{Cite journal|last=Joh|first=Elizabeth|date=2011|title=DNA Theft: Recognizing the Crime of Nonconsensual Genetic Collection and Testing.|url=https://www.bu.edu/law/journals-archive/bulr/documents/joh.pdf|journal=Boston University Law|volume=91: 665}}</ref> DNA contains adequate amount of information about someone and it can be used for many purposes such as establishing [[Paternity (law)|paternity]], proving [[Genealogy|genealogical connections]] or even unmasking [[Medical privacy|private medical]] conditions.<ref name="ReferenceA">Harmon, Amy. Stalking Strangers’ DNA to Fill in the Family Tree. ''The New York Times'' April 2, 2007</ref>

==Criminal law==
Currently, there are not many laws pertaining to the punishment that one may receive from obtaining the genetic material of others without their consent. However, due to the [[Health Insurance Portability and Accountability Act|Health Insurance Portability and Accountability Act (HIPAA)]], one's genetic material cannot be given to their school or employer as the genome is a part of one's personal health data, but, law enforcement can have access to it without consent. This only occurs when a person is either a victim or a suspect of a criminal investigation.<ref>{{Cite magazine|url=https://www.wired.com/story/the-us-urgently-needs-new-genetic-privacy-laws/|title=The US Urgently Needs New Genetic Privacy Laws|magazine=Wired|access-date=2019-11-14|language=en|issn=1059-1028}}</ref>

[[Great Britain]] criminalized the acquisition of DNA without [[consent]] in 2006 at the urging of the [[Human Genetics Commission]].<ref>Womack, Sarah. [https://www.telegraph.co.uk/news/uknews/1394939/Report-urges-ban-on-secret-DNA-tests.html Report urges ban on secret DNA tests], ''The Daily Telegraph'', May 22, 2002</ref><ref>Editorial: The Human Tissue Act, ''British Medical Journal'', Sept 9, 2006.</ref> [[Australia|Australia's]] legislature debated a two-year jail sentence for such theft in 2008.<ref>[http://www.upi.com/Top_News/2008/11/10/Australia-considers-DNA-theft-laws/UPI-44161226357348/ Australia considers DNA theft laws] United Press International, Nov 10, 2008</ref><ref>Smith, Deborah. Theft of DNA should be a crime: Experts, Sydney Morning Herald'', May 30, 2003''</ref> In the United States, eight states currently have criminal or civil prohibitions on such [[non-consensual]] appropriation of genetic materials.<ref name="newhavenregister.com22"/> In [[Alaska]], [[Florida]], [[New Jersey]], [[New York (state)|New York]] and [[Oregon]], individuals caught swiping DNA face fines or short jail sentences.<ref name="newhavenregister.com22">Appel, Jacob M. [http://www.newhavenregister.com/articles/2009/11/05/opinion/doc4af258b842a6d983291505.txt 'Gene-nappers,’ like identity thieves, new threat of digital age] {{Webarchive|url=https://web.archive.org/web/20120306191649/http://www.newhavenregister.com/articles/2009/11/05/opinion/doc4af258b842a6d983291505.txt |date=2012-03-06 }}, ''The New Haven Register'', Nov. 5, 2009</ref> Lawsuits against "gene snatchers" are permitted in [[Minnesota]], [[New Hampshire]] and [[New Mexico]].<ref name="newhavenregister.com22"/> In jurisdictions where such non-consensual taking of DNA is illegal, exceptions are generally made for law enforcement.

== Ethics ==
Many [[Bioethics|bioethicists]] believe that such conduct is an unethical invasion of [[Right to privacy|human privacy]].<ref name="newhavenregister.com22"/> Professor [[Jacob M. Appel|Jacob Appel]] has warned that criminals may acquire the capability to copy DNA of innocent people and deposit it at crimes scenes, endangering the blameless and undermining a key tool of forensic investigation."<ref name="newhavenregister.com22" /> In addition, there have been ethical concerns on law enforcement using the DNA of the family members of criminals to catch them. This concept was used for the [[Joseph James DeAngelo|Golden State Killer]] case in [[California]], who was connected to at least 50 rapes and 12 murders between 1976 and 1986. After the case went cold, investigators used a website that compared the genetic information of those who had uploaded their information and found a relative of the killer.<ref>{{Cite journal|date=2018-05-02|title=The ethics of catching criminals using their family's DNA|journal=Nature|language=en|volume=557|issue=7703|pages=5|doi=10.1038/d41586-018-05029-9|pmid=30944484|doi-access=|s2cid=13756300 }}</ref>

However, others defend the appropriation of genetic material on the grounds that doing so may further human knowledge in productive ways.<ref name="ReferenceA"/> One particularly controversial case which received widespread attention in the media was that of Derrell Teat, a wastewater coordinator, who sought to acquire without consent the DNA of a man who was allegedly the last male descendant of her great-great-great-grandfather's brother.<ref name="ReferenceA"/><ref>San Francisco Chronicle, April 8, 2007</ref> Another prominent case was a United States paternity suit involving film producer [[Steve Bing]] and billionaire investor [[Kirk Kerkorian]].<ref>Coghlan, Andy. [https://www.newscientist.com/article/dn2305-dna-theft-should-be-a-criminal-offence.html DNA theft should "be a criminal offence"], May 21, 2002</ref>

== See also ==
*[[Genetic testing]]
*[[Genetic privacy]]
*[[Bioethics]]
*[[Forensic evidence|Forensic testing]]

== References ==
{{Reflist}}

[[Category:Genetics]]
[[Category:Crimes]]
[[Category:Identity theft]]

Gene theft - История изменений

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