By Lee Suh-yoon
The Constitutional Court ruled Tuesday that the current system of collecting personal genetic information for police investigations and record-keeping is unconstitutional.
In a 6-3 decision, the nine-member panel ruled that it was unacceptable for law enforcement authorities to unilaterally collect DNA samples from suspects without giving them an opportunity to object.
The ruling reflects concerns from civic groups that claimed DNA collection is carried out in a biased manner, with police enforcing it mostly on those in weak social positions, such as labor union members or evicted residents.
Currently, law enforcement authorities can collect DNA samples of convicted persons or detained suspects _ usually from their blood, saliva, or hair _ after obtaining a warrant from a local court. In that process, the persons are not given the opportunity to formally reject the request. The collected information is then permanently stored in the police database.
The case was brought to court by a street vendors' association and a metal workers' union. Both groups claimed their members had their genetic information forcibly taken from them after they were convicted for occupying private property during a sit-in protest.
“The current law does not include an explicit procedure for the courts to directly hear out the people's objections to the DNA collection when it decides on the issuance of a relevant warrant,” the Constitutional Court said.
“Though the law is in line with the public interest of facilitating criminal investigations and crime prevention, insufficient legal safeguards lead to those people being treated as mere criminal subjects.”
The court requested the National Assembly revise the law by the end of next year.