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Honored Contributor
Posts: 39,812
Registered: ‎08-23-2010

Re: would you object if ancestry.com & 23andme gave your DNA to LE to help solve crimes?

[ Edited ]

@LoriLori wrote:

They have refused to cooperate in any way with law enforcement saying their clients have an expectation of privacy when they submit DNA.

 

The Golden State Killer's DNA was finally matched when a relative uploaded her results to a voluntary web site where people upload their results, I think to see if they have any family they don't know about?

 

That's where the cops found the match.

 

I would have no problem giving permission to those companies to run my DNA through CODIS, the national DNA felon database.  I would actually feel like I'md doing some good by granting that permission.

 

Would you mind?  Do you think they should cooperate with LE?


 

@LoriLori

 

A lot of people don't understand the law, apparently.  First, you don't own your medical records. 

 

Every time you have to sign a medical authorization for something, there is a complete list of instances where release may be authorized, privacy notwithstanding.

 

If someone is applying for life insurance, access to past health history is a no-brainer.   Same with criminal investigations.    Autopsies also come to mind .... let's say a person dies under mysterious circumstances .... of course the medical examiner can access them. 

 

If you choose to do some DNA investigation, and later it's requested by court order, they can research your DNA  health information.

 

I deleted some of the information from a google search for CA health information, but you get the idea .....

 

3.  Do you own your medical records?

 No.  Medical records are the property of the medical provider (or facility) that prepares them. As a patient, you have a right to view the originals, and get copies. Cal. Health & Safety Code §§ 123100 - 123149.5.

 

 

7.  When can health care providers and health plans use or disclose your medical information without your authorization or consent?

 

 CMIA generally prohibits unauthorized disclosure of medical information, but there are many exceptions.  In some situations health care providers, health insurance companies, and their contractors are required to disclose medical information.  Other times they may choose to disclose information.   See Cal. Civ. Code § 56.10 for the full list of exceptions.   The examples below are not exhaustive, but include many of the ways your medical information may be used or disclosed without your consent or authorization.

 

a. Mandatory disclosures

Health care providers, insurance companies, and their contractors must disclose medical information when a patient or patient’s representative requests the information, when they receive a court order, in civil and criminal legal proceedings, for many purposes involving death investigations, and when otherwise required by law.

 

 

Honored Contributor
Posts: 12,110
Registered: ‎03-12-2010

Re: would you object if ancestry.com & 23andme gave your DNA to LE to help solve crimes?

[ Edited ]

@Tinkrbl44 wrote:

@LoriLori wrote:

They have refused to cooperate in any way with law enforcement saying their clients have an expectation of privacy when they submit DNA.

 

The Golden State Killer's DNA was finally matched when a relative uploaded her results to a voluntary web site where people upload their results, I think to see if they have any family they don't know about?

 

That's where the cops found the match.

 

I would have no problem giving permission to those companies to run my DNA through CODIS, the national DNA felon database.  I would actually feel like I'md doing some good by granting that permission.

 

Would you mind?  Do you think they should cooperate with LE?


 

@LoriLori

 

A lot of people don't understand the law, apparently.  First, you don't own your medical records. 

 

Every time you have to sign a medical authorization for something, there is a complete list of instances where release may be authorized, privacy notwithstanding.

 

If someone is applying for life insurance, access to past health history is a no-brainer.   Same with criminal investigations.    Autopsies also come to mind .... let's say a person dies under mysterious circumstances .... of course the medical examiner can access them. 

 

If you choose to do some DNA investigation, and later it's requested by court order, they can research your DNA  health information.

 

I deleted some of the information from a google search for CA health information, but you get the idea .....

 

3.  Do you own your medical records?

 No.  Medical records are the property of the medical provider (or facility) that prepares them. As a patient, you have a right to view the originals, and get copies. Cal. Health & Safety Code §§ 123100 - 123149.5.

 

 

7.  When can health care providers and health plans use or disclose your medical information without your authorization or consent?

 

 CMIA generally prohibits unauthorized disclosure of medical information, but there are many exceptions.  In some situations health care providers, health insurance companies, and their contractors are required to disclose medical information.  Other times they may choose to disclose information.   See Cal. Civ. Code § 56.10 for the full list of exceptions.   The examples below are not exhaustive, but include many of the ways your medical information may be used or disclosed without your consent or authorization.

 

a. Mandatory disclosures

Health care providers, insurance companies, and their contractors must disclose medical information when a patient or patient’s representative requests the information, when they receive a court order, in civil and criminal legal proceedings, for many purposes involving death investigations, and when otherwise required by law.

 

 


@Tinkrbl44, I'm being serious, can you explain what you're trying to tell me?  Because I don't understand how the info in your post relates to what I'm saying.  They have to have a suspect and a bucket full of evidence to get a court order.  That was not the case here, that's not what happened.

 

Ancestry.com and 23andme only cooperate when the FBI or other LE know who the perpetrator is and cross a very high bar to get a court order ordering them to cooperate.  They are not allowed to go on fishing expeditions through those private databases.

 

Repeat:  They have to know who the suspect is and a lot about that suspect, enough that a judge issues a court order ordering compliance as a way of confirming it is indeed that person.

 

That did not apply here.  They had no suspect to present.  I outlined above how Paul Holes (and Michelle McNamara and others, together) worked GEDMATCH, a site where you voluntarily give your DNA results from the other two sites.

Esteemed Contributor
Posts: 6,407
Registered: ‎07-07-2010

Re: would you object if ancestry.com & 23andme gave your DNA to LE to help solve crimes?

When I signed up for Ancestry, I did choose shared so that if there were any relatives that I could learn of relatives that were unknown to me.  If LE wants to use it, I would like for them to contact me first; but, I think that shared means anyone, and so I probably would have no choice in the matter.

The next time that I hear salt and ice together, it better be in a margarita!