Collection of dna and the Creation of dna Databases in India: A Proportionality Analysis on Whether There is a Violation of Genetic Privacy

Abstract Genetic information, which can be processed from human bodily samples, contains three major types of information: first, individual traits such as the skin colour, race, eye colour, and height of the data subject; second, medical information such as information about genetic diseases and genetic predispositions; and third and most importantly, it can provide information about a class of persons who are genetically related to the data subject. Genetic data has huge application potential, from criminal investigations to assisted reproductive techniques. Thus, it is the most sensitive form of personal data. The concept of privacy in India has also evolved by way of judicial pronouncements and, in the case of K.S. Puttaswamy v Union of India , it was recognised as a fundamental right. The Indian Government has passed the Criminal Procedure Identification Act, 2022, which allows for the collection of measurements – including genetic samples – and authorises the National Crime Records Bureau to collect, store, process, share, and disseminate such data. In light of the above developments, this article analyses the constitutionality of section 3 of the Criminal Procedure Identification Act, 2022 through the lens of the principle of proportionality.