Saturday, November 12, 2016

Kuwait's DNA law scaled back for now...

by Salman Hameed

It would have been ready-made case for science fiction. Last year, Kuwait passed a law that would have mandated a collection of DNA information of all residents and visitors. Of course, it was about concerns regarding terrorism - and of course we can trust the government for not any purpose at all. When has any government lied to its people??

The law would have gone into effect from this November. However, its legality was challenged and it seems that it will probably now only apply to accused or convicted criminals. So here is a shout out to human rights groups and the group of lawyers who opposed and challenged the law. Here is Adel AbdulHadi who challenged the law:
“Compelling every citizen, resident and visitor to submit a DNA sample to the government is similar to forcing house searches without a warrant,” says AdbdulHadi. “The body is more sacred than houses.” 
He argues that the law means every single person is now considered a suspect until proven innocent 
The lawyers are funding the challenge themselves on the grounds that they personally object to it. “As a person subject to this law, I’ve decided personally, and with my law partners, to launch this challenge,” he says.
... 
The law was introduced following a bombing that killed 27 people in Kuwait last year. But critics say that DNA testing wouldn’t prevent incidents like this. 
“If a suicide bomber wants to come into the country, giving a bit of DNA is not going to scare him off,” says Martina Cornel, at the European Society for Human Genetics. “Also, if you find DNA at a specific place, you could say a person was there, but not necessarily that they committed a crime.” 
AbdulHadi also contends the law will be powerless to prevent terrorist acts. “Terrorism is in the mindset of the person, and you can’t minimise this by restricting the privacy of people,” he says. “I don’t think it will in any way assist in countering terrorism.” 
Another worry is that, once collected, the DNA samples could be used for other purposes, such as identifying illegal immigrants, or determining paternity in country where adultery is a punishable offence. However, the Kuwait government has said that the DNA will not be used to determine genealogy. 
Nevertheless, critics find the mandatory requirement concerning. “Whether for research, clinical use, or any other purpose, disclosure of this information by members of the public should be entirely voluntary,” says Derek Scholes, of the American Society for Human Genetics.
Here is the actual letter that challenged the legality of the law.

While this is a heartening victory, it is only a matter of time when another government tries the same thing. The need is for a universal protection of an individual's right to one's own DNA information. In the mean time, there are many science fiction storylines lurking in the headlines.  

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