National DNA Data Bank of Canada Consent to Provide a Biological Sample

Transcription

1 National DNA Data Bank of Canada Consent to Provide a Biological Sample Consent for a Voluntary Donor Privacy Notice Your DNA is your unique biological signature. The development of your DNA profile from your biological sample and its comparison with that of other DNA profiles may assist in the investigation of a designated offence or the investigation of a missing person or human remains. As such, providing your DNA profile to the National DNA Data Bank (NDDB) can be a valuable tool in these investigations. Contributing your biological sample is entirely voluntary. If you agree to have provide your biological sample, your consent to do so needs to be in writing. This document will serve as your written consent to provide a biological sample for DNA analysis and your acceptance of the purposes for which your sample, the derived DNA profile and the information related to your profile may be used. There are no monetary costs to you for providing your biological sample. 1. About the NDDB The NDDB was established in 1998 by the Government of Canada to support the investigation of designated criminal offences. The NDDB improves the administration of justice by contributing to the early identification of those who commit serious crimes and by eliminating suspects where there is no match between crime scene DNA and profiles contained in the NDDB. The RCMP is the steward of the NDDB. 2. Authority to Accept, Use, Compare and Communicate The NDDB was created by the DNA Identification Act, S.C. 1998, c. 37 (the Act). Under the Act, the Commissioner of the RCMP (or delegate) is authorized to: accept DNA profiles derived from biological samples collected from voluntary donors; compare the DNA profiles; and communicate match information in relation to the profiles to the appropriate Canadian authorities that are responsible for the investigation of a designated offence or the investigation of a missing person or human remains. The Act also allows for the identification of the donor to be disclosed, if that identity is known, and the case number of the investigation. The DNA profile derived from a volunteer s biological sample and related information can only be added to the Voluntary Donors Index (VDI) in the NDDB if they are relevant to an investigation of a designated offence or the J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 1 of 6

2 investigation of a missing person or human remains. Match information resulting from the comparison of your DNA profile may be subsequently communicated for the purpose of the investigation or prosecution of the designated offence for which the DNA profile was obtained. As well, the investigating agency may subsequently communicate this information, as necessary, for the purpose of the investigation or prosecution of any designated offence. 3. Purposes and Comparison of DNA Profiles The DNA profile developed from your biological sample may be used for both criminal and humanitarian investigation purposes. DNA profiles in the Voluntary Donors Index (VDI) will be compared to profiles already contained in the VDI, and with those in the Crime Scene Index (CSI), the Convicted Offenders Index (COI), the Victims Index (VI), the Missing Persons Index (MPI), and the Human Remains Index (HRI). If your DNA profile matches the DNA profile obtained from bodily substances associated with a designated offence for which you are not a voluntary donor, this information may be used as evidence against you in criminal proceedings. 4. Consent The donation of your DNA profile to the NDDB is voluntary. To submit a DNA profile derived from your biological sample, your consent needs to be in writing. You may choose not to consent. Should you ever withdraw your consent, your DNA profile will be removed from the NDDB and destroyed in accordance with legal requirements. While requests to withdraw your DNA profile and related information from the VDI may be done at any time, match information with respect to humanitarian or criminal investigations will be retained. Any requests to withdraw your consent will need to be made in writing to the local police or investigating agency. Your request will be forwarded to the NDDB to remove the DNA profile and information related to the DNA profile from the VDI in the NDDB. While requests to withdraw your DNA profile and related information from the VDI may be made at any time, match information with respect to humanitarian or criminal investigations will be retained after a match has occurred. If you are under the age of eighteen (18), the consent of your parent or legal guardian is needed to submit a biological sample. Your biological sample, any resulting DNA profile or personal information will be removed and destroyed from the VDI one year after you have reached the age of eighteen (18). You may have your DNA profile remain in the VDI by contacting the investigating agency and providing your own written consent. 5. Incidental Findings Your DNA is passed down from your biological parents to you and from you to your biological children. Consequently, DNA analysis has the potential to reveal biological information of which you are unaware. This type of information is known as incidental findings because it is information that was not intended to be discovered and is secondary or incidental to an investigation. J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 2 of 6

3 Incidental findings will be handled with care and sensitivity and will not be provided to those affected, except where the disclosure of the finding is necessary to further the investigation. 6. Sharing of Information and a DNA match Match information resulting from the comparison of your DNA profile to those in other indices may be shared with the appropriate forensic laboratory, as well as with the appropriate Canadian law enforcement and investigating authorities responsible for the investigation and prosecution of a designated offence or the investigation of a missing person or human remains. DNA profiles and related information in the VDI are prohibited from being shared with another country and cannot be compared to DNA profiles received from a foreign government or police agency. 7. DNA Processing by Forensic Laboratories In most situations, a government forensic laboratory will develop the DNA profiles for submission to the VDI from biological samples encountered in the course of their routine work on criminal investigations. The NDDB will develop DNA profiles from samples collected during the investigation of a missing person or found human remains unless also performed by a government forensic laboratory. In some instances, a DNA profile may be developed by a private laboratory but the profile would have to be reviewed and accepted by either one of the government forensic laboratories or the NDDB for entry into the VDI. Both the NDDB and the other Canadian forensic laboratories are considered investigating authorities. 8. Security and Personal Information Protection Your privacy and the protection of your personal information are important. Investigating authorities will ensure that your personal information, including any biological sample collected for purposes of creating your DNA profile, is stored in a safe and secure manner, and that it is only used as authorized. Security safeguards will protect your biological sample, DNA profile and personal information in the VDI against loss or theft, as well as from unauthorized access, disclosure, copying, use, or modification and will only be used as authorized. 9. Retention and Removal of Access to DNA Information Your DNA profile and associated information will be retained by the NDDB only for as long as necessary for the purposes of the investigation for which it was obtained. The inclusion of your DNA profile and relevant information in the VDI must be periodically reviewed to ensure that it remains relevant to an investigation, and that no withdrawal of consent has been received from you. Your DNA profile will be removed from the VDI when any one of the following situations occurs: the missing person is located or their remains are identified; you withdraw your consent by notifying the investigating agency in writing; or the investigating agency or NDDB believes that the DNA profile will no longer assist in the investigation for which the biological sample and resulting DNA profile was first obtained. J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 3 of 6

4 As an extra precaution, at least every 5 years, the investigating agency must contact the government forensic laboratory that derived the DNA profile from your biological sample to verify that none of the situations above has occurred. If the communication is inconclusive or the agency fails to make contact, your DNA profile and information will be removed from the VDI. When DNA profiles are developed by a laboratory other than the NDDB, the NDDB has no means to ensure a biological sample is destroyed or a DNA profile is removed from any local database. 10. Accuracy and Completeness of Information You may confirm the accuracy and completeness of your information and request changes to the information by contacting the investigating agency to which you provided your biological sample. 11. Access to Personal Information Under the Privacy Act, you have a right to access personal information about you, as collected, used, disclosed or retained by the RCMP, subject to exemptions under that Act. Any request for access to personal information must be made in writing to the RCMP and be sufficiently specific to allow that information to be retrieved. You may, at any time, request confirmation through the investigating agency that your DNA profile is retained or access permanently removed from the NDDB. 12. Questions, Requests for Information or Complaints Should you, at any time, have questions or concerns related to the submission, use, disclosure or retention of your personal information, or to file a complaint, you may contact the following centres: The investigating agency to which you provided your biological sample; RCMP Privacy Issues (Office of the ATIP, RCMP) Phone: or ATIPpolicy_PolitiqueAIPRP@rcmp-grc.gc.ca Office of the Privacy Commissioner of Canada: Mail: Office of the Privacy Commissioner of Canada 30 Victoria Street Gatineau, Quebec K1A 1H3 Toll-free: On-line: J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 4 of 6

5 National DNA Data Bank of Canada Declaration of Consent for Voluntary Donors DONOR: Last name First name Middle name DATE OF BIRTH: Day Month Year INVESTIGATION & CASE FILE NO: a. I voluntarily consent to provide a biological sample to further an investigation of a designated offence or investigation of a missing person or human remains. I have been provided with clear and sufficient information about the National DNA Data Bank (NDDB) so as to make an informed decision about becoming a donor. b. I understand that the submission of a biological sample is voluntary, and that my written consent serves as a record of my understanding and agreement to provide a sample. I have not been pressured into providing this consent. c. I am providing a biological sample for the creation of a DNA profile to be included in the Voluntary Donors Index (VDI) of the NDDB. I understand that my DNA profile, once derived from my biological sample, will be stored in the VDI and compared against DNA profiles contained within this index as well as the Victims Index (VI), the Crime Scene Index (CSI) and the Convicted Offenders Index (COI). The VI is comprised of DNA profiles derived from victims of designated offences. The CSI is comprised of DNA profiles derived from crime scenes. The COI is comprised of DNA profiles from the bodily substances of individuals convicted of a designated offence. I understand that my DNA profile may also be used for humanitarian purposes and compared against other DNA profiles contained in the Missing Persons Index (MPI) and the Human Remains Index (HRI). The MPI is comprised of DNA profiles derived from the personal effects or bodily substances of missing persons. The HRI is comprised of DNA profiles derived from the human remains of unidentified or missing persons. I understand that volunteering a biological sample may place me in criminal jeopardy. Matches could be used as evidence against me in a criminal investigation and in my subsequent prosecution. The information may also be used to eliminate me as a suspect of a designated offence. d. I understand that information will be communicated and used in accordance with the DNA Identification Act. I understand that match information associated with my DNA profile may be communicated to the appropriate Canadian law enforcement and investigating authorities that are responsible for the investigation of a designated offence, or investigation of a missing person or human remains and will not be shared with any foreign government or police agency. My DNA profile and associated information will not be compared to DNA profiles contained in foreign DNA data banks. e. I understand that the forensic DNA analysis and comparison of my DNA profile may result in incidental findings such as revealing previously unknown biological information. J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 5 of 6

6 f. I understand that my DNA profile may be retained by the NDDB indefinitely but only for such time as to fulfill the investigative purposes for which the profile was first developed and as long as my consent remains in effect. Access to my DNA profile will be removed from the Voluntary Donors Index (VDI) without delay upon the receipt of written notification, subject to legal or regulatory restrictions. g. I understand that I may withdraw my consent for the use of my biological sample and derived DNA profile information at any time. By withdrawing my consent my DNA profile and related information in the NDDB will be destroyed in accordance with the DNA Identification Act. h. I have read the accompanying Privacy Notice and I understand that it forms part of my declaration of consent. i. I have been advised that I may seek independent legal advice with respect to my participation, I have been permitted time to do so and I have exercised or waived that right. I agree to volunteer a biological sample for DNA analysis, and consent to the collection, use, disclosure, and retention of personal information related thereto. I confirm that the information provided on this form is correct to the best of my knowledge. My and signature indicate that I have read and understood the contents of this form and its accompanying Privacy Notice. DONOR: Print name Signature Date PARENT/GUARDIAN (if under 18) Print name Signature Date WITNESS Print name Signature Date Information described and collected in this form is described in personal information bank RCMP PPU 005 and is protected, used and disclosed in accordance with the Privacy Act (R.S.C., 1985, c. P-21). J17_VDI Consent Form.001 Approved by: OiC NDDB Effective Date: Page 6 of 6