While the Supreme Court decides whether Indian citizens have a right to privacy or not, the Government is pressing ahead with controversial plans to introduce a DNA Profiling Bill, to regulate DNA technology and set up a DNA Profiling Authority.
Previous versions of this law have been criticised on privacy grounds, but the Law Commission on 26 July 2017 published their own take on the Bill, ostensibly with provisions to protect people’s privacy. The new draft law includes provisions to establish DNA data banks, from DNA samples recovered from crime scenes, people who have committed serious crimes, and unidentified bodies.
We asked Apar Gupta, a Delhi-based advocate with significant experience in technology laws, to help us understand this new legislation. Watch the video to learn why the Law Commission’s recommendations are not sufficient to deal with security and privacy concerns relating to DNA profiling, and how this ties into the broader debate on the right to privacy.