Although the Privacy Act does have general provisions addressing the question of disclosure of personal information, the Privacy Commissioner has expressed strong reservations about its effectiveness in dealing with new biotechnologies. One legislative approach in the U.S. has been, as it would pertain to forensic DNA typing and data banking, to provide penalties for wilful violation, in addition to identifying the purpose in the enabling legislation. Linked to these privacy concerns is the concern that samples must be destroyed and the data expunged should the person from whom it was taken not be convicted or should the conviction be overturned. The development of any national DNA evidence banking scheme would obviously involve more than legal issues. The scientific and technological capabilities of forensic DNA typing would play a part in shaping any legislation, as would cost.
Consideration needs to be given to the following issues in particular.
The type of identifying information to be stored and linked. For example, would a link between the collection of fingerprints and DNA samples from convicted offenders be necessary for identification, control and information storage purposes.