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bookend | 19:48 Sat 11th Oct 2008 | Law
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If a private organisation has a sample of an individual's DNA that they had had analysed at their own expense, can that DNA profile be traced to a particular person via police records, assuming that the DNA was on file?

I suppose I'm asking if the police would co-operate with such an enquiry and divulge the information requested. I assume that the police would offer their assistance in the event of a serious crime having been committed, but I find it difficult to see exactly where they would step-in in matters like this unless it was very serious.

It seems to me that having DNA analysed privately for relatively trivial matters would be futile if proof of ownership cannot be established from police records.

Thanks in advance for your comments.
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In the case of a serious crime being committed, the police would be leading the investigation, not co-operating.

If they were aware of a DNA sample that could help them in their investigations they could request it although they may need a warrant if the request was denied.

What exactly is happening?
Question Author
Thanks Ethel.

It involves theft by a company employee of an item worth around �40.00. The theft was discovered following the discovery of the empty packaging which would have been difficult to take from the site with the item itself.

The company has had the packaging sent to an independent laboratory to try to recover a DNA profile and it has apparently been successful - the expense incurred is a drop in the ocean to them. The company has a likely suspect for the theft and it seems that the person is very likely to have a criminal record based upon rumours that have come to light since he began work with us.

Now as I understand it, the employee cannot be forced to give a DNA sample, so it seems the only avenue open to the company is to ask the police if the DNA is on file. Is this possible?

Further to this, I'm also curious if the police would have sent the packing off for DNA profiling themselves had the employer phoned them and explained their suspicions. Who would have prosecuted the thief then?
Do you think the company may be being untruthful, to worry the workforce?

It does seem a pointless exercise, as you say.
Question Author
At face value, yes it does look that the employer may be worrying staff unduly. Yet, due to their abhorrence of "misappropriation" of company stock by employees and regular security checks, I have little doubt that they might go to such lengths to find the rotten apple in the barrel. After all, they only have to hand over the packaging with a blank cheque payable to the laboratory and leave them get on with it.

I'm just curious to know if a DNA profile sourced in this way can be compared to known DNA records.
They have no legitimate access to DNA records.

I suppose feasibly they could hand over all the evidence to the police, and then the police would prosecute if there were enough evidence.

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