DNA Identification, Joint Rights and Collective Responsibility

DNA identification developed late in the twentieth century and has surpassed fingerprinting as the leading technique for forensic human identification. It differs from the other biometrics discussed in that it is based on principles of biological, rather than physical sciences. Another difference is the time taken to convert a biological sample into a DNA profile; however, this is becoming less significant as technology progresses. DNA is also more accurate and revealing in comparison with other biometrics because it can provide information about a person’s physical appearance and health status, as well as link an individual to, and in association with further investigations, identify, their biological relatives. This chapter examines DNA identification in law enforcement, related developments associated with commercial genomic health and ancestry databases, and the potential impact of population wide DNA collection. The ethical analysis considers privacy and autonomy, self-incrimination, joint rights and collective responsibility.

Biometric and Non-biometric Integration: Dual Use Dilemmas

Biometric identification is now closely integrated with other forms of data, data systems and communications technologies, such as smartphones, metadata and social media, and as the key security feature on smartphones, and by extension, social media accounts, online profiles and identity. For this reason, we consider the interaction between biometric and other forms of identification data, and data systems, building upon the consideration of the main biometrics in the first three chapters. We begin with a general discussion of data systems and integration. This is followed by a discussion of the interrelationship with biometrics, and broader significance of, metadata, smartphone applications and social media. In combination with biometric identification technologies, these provide detailed insights into individuals’ activities and behaviours. The ethical analysis in this chapter focuses on dual use dilemmas. Roughly speaking, dual use dilemmas in science and technology arise in virtue of the fact that such science and technology can be used to greatly benefit humankind, but also, unfortunately, to cause great harm to humankind. Consider, for instance, nuclear science and technology. It can be used as a cheap and peaceful energy source, or to build nuclear weapons. Similarly, facial recognition technology could be used by police only to track persons guilty of serious crimes; or it could be used to monitor ordinary citizens’ behaviour by an authoritarian government.

Facial Recognition and Privacy Rights

Biometric facial recognition is one of the most rapidly developing methods of biometric identification, with expanding applications across law enforcement, government and the private sector. Its capacity for integration with other technologies, such as closed circuit television (CCTV) and social media, differentiate it from DNA and fingerprint biometric identification. This chapter commences with a discussion of the technique of facial recognition and applications in identity verification, public surveillance, and the identification of unknown suspects. Its relative advantages and disadvantages, and the development of facial recognition around the world is explored. The discussion then examines how facial recognition databases developed from existing databases, such as driver’s licence photographs, can be integrated with CCTV systems, and most recently, with photographs from social media and the internet. The chapter then considers relevant ethical principles, including privacy, autonomy, security and public safety, and the implications for law and regulation in relation to facial recognition.

The Rise of Biometric Identification: Fingerprints and Applied Ethics

In the late nineteenth century, it became understood that the patterns on the skin of the fingers were unique and could be used for identification purposes, leading to the development of biometric identification (Smith M, Mann M, Urbas G. Biometrics, crime and security. Routledge, 2018). The ease with which fingerprints can be accessed and recorded, and the ease with which they transfer to surfaces and objects, made them ideal for law enforcement purposes. Today, in digital form, fingerprints and other biometric identification techniques, notably DNA profiles and facial recognition technology, are a widely used means of identification across a range of applications, from accessing personal devices, to banking, border security and law enforcement. However, these uses have raised a raft of ethical or moral (we use these terms interchangeably) concerns, some of the more important of which we discuss in this work.In the first chapter, we discuss general aspects of biometric identification, before focusing on fingerprint identification, including its reliability as form of evidence. Secondly, we provide an overview of applied ethics; and outline a key theoretical notion, relevant to many of the issues discussed throughout the later chapters: collective responsibility. Finally, we analyse the ethical risks and benefits associated with the technique of fingerprint identification.

The Future of Biometrics and Liberal Democracy

The first part of this chapter considers future biometrics, with a focus on second generation biometrics that measure physiological patterns. The second discusses the potential biometric future – how the use of biometrics, data and algorithms more broadly, could be used by governments to regulate social and economic interactions. This discussion will draw on the development of credit systems, from those used in commercial online platforms to rate the performance of providers and users, to the more integrated and all-encompassing social credit system (SCS) implemented in China, as an example of a potential future development in liberal democratic countries. Finally, we discuss the key features of liberal democratic theory and how biometric and related technological developments may change governance in western democracies. While we briefly mention some relevant developments in the private sector, our main focus will be on the relationship between liberal democratic governments and their security agencies, on the one hand, and their citizenry, on the other. We describe in general terms how liberal democracies might respond to these new technologies in a manner that preserves their benefits without unduly compromising established liberal democratic institutions, principles and values. Accordingly, we seek to offer a response to some of the dual use ethical dilemmas posed by biometrics, albeit in general terms.