Council unanimously consents as police circumvent state DNA collections law

GREENSBORO, NC -- At their January 15th meeting, Greensboro City Council unanimously gave their consent to a new program whereby the Greensboro Police Department (GPD) will begin collecting DNA and sharing it with regional law enforcement agencies and a private lab. The resolution passed nine to zero with no discussion and no public hearing.

There was no discussion of why the GPD wants to use a private lab instead of the state lab, why the extra expense of $125,000 is necessary or why the state lab is inadequate.

There was no discussion of the wisdom of a private company storing Greensboro citizens' DNA (on their internet accessible server, no less) or of signing a contract with a private lab that explicitly says in the contract that the company:

"accepts no responsibilities or obligations for [GPD's] compliance with federal or state laws or regulations regarding the collection of DNA samples, or the storage, maintenance, or use of DNA samples, data or profiles."

There are numerous state statutes that apply to the collection, use and storage of DNA samples by the SBI and the state databank that the GPD will escape by creating their own databank. Those include:

• Oversight: State law requires an annual report from the SBI to legislative committees accounting for the handling and use of DNA samples. 
• Proper Use: State law restricts the SBI and state databank to specific legitimate uses, such as crime scene evidence and casework. 
• Restricted Access: State law demands the SBI maintain procedures for "verification of the identity and authority of the requester of a DNA profile."
• Removal and Destruction: State law mandates that "The State Bureau of Investigation shall remove a person's DNA record, and destroy any DNA biological samples that may have been retained, from the State DNA Database and DNA Databank" upon certain conditions, such as dismissal of charges or acquittal.

These legal protections and restrictions apply to the SBI and the state databank. They do not apply to the GPD's private databank. GPD deprives Greensboro citizens of these protections by having a private company create a separate database and it further puts Greensboro's citizens in jeopardy of abuse by signing a contract where the vendor explicitly says they are not responsible for complying with whatever other laws may still apply to the GPD.

Who thought this was a good idea? All of of your City Council members.