DNA database in danger due to wording in GINA Act law.

The Genetic Information Nondiscrimination Act of 2008, commonly called GINA, was enacted to protect people from employment discrimination based on privileged genetic data. Now according to a group of attorneys criminal DNA databases, and DNA based convictions are a violation of the GINA laws.

Attorney Less Macky is serving as spokesperson for the plaintiffs in this case. According to Attorney Macky “Genetic information is private privileged medical data. These arrests are being made based on a DNA match. So it is access to that private genetic information. Also I think we might have a case for a HIPAA violation also. Because based on DNA data the police could find out if someone is likely to be predisposed to some medical illnesses.”

Attorneys with the Department of Justice were not willing to talk to CallTheCops. An anonymous source did indicate that some of the briefs filed in this case might some merit.

One of the items that are being argued is the future employment of convicted felons. GINA is meant to prevent employment discrimination based on biological data. The supposition is that if a person cannot get a job due to being a felon, and became a felon due to genetic data, they are in fact being discriminated against. Thus law enforcement is causing a violation of the GINA Act.

Our source said this off the record. “Deep down we all know this lawsuit is a bunch of BS. But there is just enough there that they will drag this out for years costing us millions. We know this will have to go to the appellate courts before a verdict is final.”

In response to our source Attorney Macky said, “The only reason the DOJ thinks this will be going to appellate courts is because they know we will win in the lower courts. Thus they will have to bring this case up to the next level. They are scared of this case but can’t back down.”

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