Revising the DNA Profiles Act: Pushing the Envelope?

In common with many countries where forensic DNA profiling has been in use for many years, Switzerland has recently revised their laws, principally to amend their DNA retention regime and take advantage of scientific and technological developments in forensic genetics. Such reforms are predicated upon a police ‘need’ for advanced DNA analyses to be authorised and the powers to retain DNA to be extended, evidenced by highly publicised unsolved cases, such as the brutal rape of a young woman in Emmen in 2015. With emotive cases incentivising support, DNA laws are most often promissory - enabling extensions to powers to lift restrictions purported to be holding back detection efforts. While the Swiss Federal Council revisions to DNA legislation, coming into effect in 2023, have much in common with developments elsewhere, they can be viewed as ‘pushing the envelope’: taking the use of forensic DNA profiling to the edge of ‘safe’ operational boundaries. Genetic data is universally considered sensitive and it is uncontroversial that forensic DNA technology must be reliable, while remaining ethical and legitimate. Pushing performance limits by permitting techniques without sufficient acknowledgement and accommodation of technical, legal, ethical and acceptability limitations, there is a risk that DNA profiling is operating beyond tolerances. We therefore consider the revisions to the Swiss DNA laws in the context of legal and ethical principles, and parameters for the safe utilisation of forensic DNA profiling.