Californians who’ve merely been arrested and not charged, much less convicted of a crime, have a right to privacy when it comes to their genetic material, EFF said in an amicus brief filed Nov. 13, 2015 with the state’s highest court. EFF is urging the California Supreme Court to hold that the state’s arrestee DNA collection law violates privacy and search and seizure protections guaranteed under the California constitution. The law allows police to collect DNA from anyone arrested on suspicion of a felony—without a warrant or any finding by a judge that there was sufficient cause for the arrest. The state stores arrestees’ DNA samples indefinitely, and allows access to DNA profiles by local, state, and federal law enforcement agencies. EFF argues that the state should not be allowed to collect DNA from arrestees because our DNA contains our entire genetic makeup—private and personal information that maps who we are, where we come from, and who we are related to.
People v. Buza