This Note examines the several privacy and safety issues stemming from DNA theft. Part II discusses constitutional and common law regarding the abandonment of property, particularly under the Fourth Amendment, and explains how the Fourth Amendment does not protect individuals from DNA theft. Part III details the many consequences resulting from DNA theft. These risks, among countless others, include employment and insurance discrimination, family turmoil caused by paternity testing which is often inaccurate and conducted without consent, genetic stalking, security risks, and the unauthorized publication of personal medical information and ancestral information. Part IV examines DNA theft legislation adopted by eight states and three states’ genetic bill of rights, as well as DNA theft legislation in Great Britain. Part V addresses the need for DNA theft legislation in Ohio and proposes a new statute for Ohio that criminalizes DNA theft. Part VI concludes this Note with an explanation of why DNA theft legislation is necessary to protect the safety and privacy of Ohio residents, particularly Ohio’s need to criminalize DNA theft.
Note, Do you Know Where Your DNA Is? The Need for DNA Legislation in Ohio, 26 J.L. & Health 349 (2013)