Brendon Tavelli writes:
On August 25, 2011, the Massachusetts Appeals Court, in a case of first impression, ruled that the state crime lab’s retention of an individual’s DNA sample beyond the limitations promised to him by the police when they took the voluntary sample state a claim for invasion of privacy, and for violation of the state’s Fair Information Practices Act (“FIPA”). The court’s clear holding that DNA is private information in which citizens have a reasonable expectation of privacy; that the government may not unilaterally determine how long it will retain such information, but must justify that decision; and that the state must honor limitations on consent volunteered by police officers in collecting such information, are all matters of first impression in Massachusetts.
Read more on Proskauer Privacy Law Blog.