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Report No. 271

B. The A. P. Shah Committee Report85

6.4 In October 2012, an expert committee headed by Hon'ble Justice Ajit Prakash Shah presented its report, suggesting that there should be safeguards to prevent illegal collection and use of DNA data; further providing safeguards to prevent the proposed body from misusing the same. That there should a mechanism using which citizens can appeal against the retention of data. The report also suggested that there should also be a mechanism of appeal under which citizens under trial can request for a fresh sample to be taken. The samples were to be taken after consent in case of victims and suspects.

6.5 The Committee noted that although the Bill allowed volunteers to give samples, there was no proper procedure to obtain consent and there was no mechanism under which volunteer can withdraw his data. That before giving the data to a third party, the person must be notified and consent must be sought, if the third party was not an authorised agency. The purpose for which data was being collected should be stated publicly, and the data should be destroyed after the purpose has been served and the time frame has expired. The report said that the bodies collecting, analysing, and storing DNA data should be made to release an annual report, detailing their practices and organisational structure. These observations alleviate the underlying concern about one's right to privacy when DNA databases are created.



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