Ethical Considerations in Forensic Science: Balancing Technology and Privacy

 

By Dr. Lorra Corrales, Forensic Perspectives Contributor

Introduction

Forensic science has revolutionized criminal investigations, enabling law enforcement to solve complex cases with the help of DNA analysis, digital forensics, forensic genealogy, and AI-driven tools. However, as forensic technology advances, ethical dilemmas surrounding privacy, consent, bias, and the potential misuse of forensic data have become critical concerns.

This article explores the ethical challenges in forensic science and highlights real-world cases where the balance between justice and individual rights has been tested.

1. DNA Forensics and Genetic Privacy

The Power of DNA in Solving Crimes

DNA analysis has led to countless convictions and exonerations, but its use raises serious privacy concerns—especially with the rise of genetic genealogy databases.

Case Study 1: The Arrest of William Talbott II (1987 Murders Solved in 2018)

In 1987, Jay Cook and Tanya Van Cuylenborg, a young Canadian couple, were murdered while on a trip to Washington state. For over 30 years, their killer remained unidentified despite investigators having DNA evidence from the crime scene.

Breakthrough: In 2018, forensic genealogists used public genetic databases to identify William Talbott II, whose relatives had uploaded their DNA to an ancestry service. Law enforcement then secretly collected Talbott’s DNA from a discarded cup, confirming a match.

Ethical Concern: Critics argued that Talbott’s relatives never consented for their DNA to be used in a criminal investigation. The case raised concerns about whether police should be allowed to use familial DNA without explicit permission.

Impact: Talbott was convicted, but the case sparked debate over whether genetic genealogy violates privacy rights, leading some companies to change their policies.

Legislative and Ethical Response

Following concerns about genetic privacy, some databases like GEDmatch now require users to opt-in before their DNA can be accessed by law enforcement, creating a middle ground between public safety and privacy rights.

2. AI and Facial Recognition: A Double-Edged Sword

The Rise of AI in Forensic Investigations

Artificial Intelligence (AI) is transforming forensic science, particularly in facial recognition and crime prediction. However, these technologies raise concerns about racial bias, false positives, and government surveillance.

Case Study 2: The Wrongful Arrest of Robert Williams (2020)

In Detroit, 2020, Robert Williams was wrongfully arrested after a facial recognition system incorrectly matched his face to a suspect in a shoplifting case.

Ethical Concern: Studies have shown that facial recognition technology is often biased against people of color, leading to wrongful arrests and racial profiling.

Privacy Debate: The case highlighted the dangers of relying on AI for criminal identification without human oversight, as well as the broader issue of mass surveillance in policing.

Reform and Ethical Guidelines

In response, several U.S. cities have banned or restricted police use of facial recognition technology, demanding stricter regulations and oversight.

3. Digital Forensics and the Right to Privacy

The Challenge of Extracting Digital Evidence

Smartphones, social media, and encrypted communications have become key sources of evidence in modern investigations. However, digital forensics must balance solving crimes with respecting privacy rights.

Case Study 3: The FBI vs. Apple Encryption Dispute (2016)

After the 2015 San Bernardino terrorist attack, the FBI requested Apple to unlock the suspect’s encrypted iPhone to access potential evidence. Apple refused, arguing that creating a "backdoor" for law enforcement would compromise user privacy and security.

Ethical Dilemma: Should companies be forced to weaken encryption for law enforcement, even if it risks being exploited by hackers?

Legal Impact: The case ignited a global debate on government surveillance vs. individual privacy. Apple’s refusal set a precedent for tech companies resisting government overreach.

Policy Changes

Governments and tech companies continue to debate whether law enforcement should be granted special access to encrypted devices. Some advocate for a legal framework where access is granted under strict judicial oversight.

4. Bias in Forensic Science: The Risk of Human Error

The Issue of Cognitive Bias in Forensic Investigations

Despite forensic science being seen as objective, human error and bias can lead to wrongful convictions.

Case Study 4: The Wrongful Conviction of Keith Harward (1982-2016)

Keith Harward was sentenced to life in prison for a rape and murder he didn’t commit, based on flawed bite mark analysis—a forensic technique that has since been widely discredited.

Ethical Concern: Harward’s conviction highlights the danger of subjective forensic methods, which can be influenced by confirmation bias.

Exoneration: In 2016, DNA testing proved Harward’s innocence after 33 years in prison.

Impact: His case fueled scientific scrutiny of forensic techniques, leading to reforms and more rigorous validation of forensic methods.

Forensic Science Reforms

Following wrongful convictions based on flawed forensic testimony, agencies like the National Institute of Standards and Technology (NIST) are pushing for higher scientific standards and independent forensic oversight.

Conclusion

Modern forensic science plays a crucial role in solving crimes, but it also presents serious ethical challenges related to privacy, bias, and the potential misuse of technology.

To balance justice and individual rights, forensic science must:

1. Protect genetic privacy by ensuring DNA databases require explicit user consent.

2. Regulate AI and facial recognition to prevent wrongful arrests and bias.

3. Establish clear digital forensics guidelines to prevent government overreach in accessing personal data.

4. Improve forensic standards to prevent wrongful convictions based on flawed or subjective evidence.

By implementing ethical policies and oversight, forensic science can maintain public trust while leveraging technology to deliver justice fairly and responsibly.

References & Further Reading

National Institute of Justice (NIJ) – Ethical Challenges in Forensic Science: www.nij.ojp.gov

ACLU – Privacy & DNA Forensics: www.aclu.org

Facial Recognition Bias Study – MIT Technology Review: www.technologyreview.com

Forensic Science and Wrongful Convictions – The Innocence Project: www.innocenceproject.org