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ESR’s Transparency and Privacy Statement for Forensic Investigative Genetic Genealogy

New Zealand Police may from time to time request ESR to provide forensic investigative genetic genealogy (FIGG) related services on behalf of and as an agent of New Zealand Police. FIGG involves comparing an unknown individual’s DNA with information held on a public genealogy site to ascertain if there is either a direct match or a close or distant familial genetic match. It is only used as a technique of last resort.

ESR is committed to protecting the privacy and security of individuals and their genetic data. We understand that the information we handle is sensitive and personal, and we strive to maintain the highest ethical and legal standards in our practices.

Transparency

FIGG is used to provide information that can help New Zealand Police solve homicide cold cases by assisting to identify person(s) of interest, and also to identify unidentified human remains. FIGG produces intelligence leads for investigations when all other forensic avenues have been exhausted. When New Zealand Police requests ESR to provide FIGG services for a particular case, ESR will generate a DNA profile utilising a crime scene DNA sample relating to the unknown individual. This is completed at ESR’s Auckland site and the DNA sample will not leave New Zealand.

If a partial or full profile is generated, ESR will upload that profile onto GEDmatch PRO to potentially identify (or ‘search for’) any familial relationships. GEDmatch PRO is a genetic database which has the option to be utilised for law enforcement purposes, hosted in the United States. GEDmatch PRO states that it complies with the General Data Protection Regulation in relation to the personal information held on its database. Profiles held in GEDmatch PRO are only available for comparison because the owner of the profile has opted-in to making their profile available for law enforcement purposes. ESR does not use any other genetic databases for matching purposes. ESR adheres to GEDmatch PRO’s terms and conditions of use, ESR has provided additional requirements that seek to safeguard information.

If a familial relationship is identified in the database, a match report from GEDmatch PRO is then provided by ESR to New Zealand Police to help build a family tree using standard genealogy principles and techniques (this is completed by New Zealand Police and its contractors). In most cases, the bulk of the family tree will be built from open source or publicly available information.

After providing a match report to New Zealand Police, ESR will then remove the unknown profile from GEDmatch PRO. If no match is achieved, from time-to-time ESR may be requested by New Zealand Police to reload the profile on GEDmatch PRO to see if any new profiles that have been subsequently loaded match or link to the unknown profile. ESR will use best efforts to ensure that an unknown profile remains on GEDmatch PRO for no longer than 48 hours.

Linking a person of interest to a crime scene will require a DNA reference sample to be matched to a crime scene sample as per standard DNA procedures as described in the Criminal Investigations (Bodily Samples) Act 1995.

Privacy

We take the privacy and security of the genetic data we hold on behalf of New Zealand Police very seriously. We have implemented robust security measures and procedures to protect the confidentiality of genetic data to prevent unauthorised access, use, or disclosure. Access to FIGG cases is locked down in ESR’s systems and staff involvement is limited to ensure appropriate privacy protections are maintained. Only necessary information is provided to New Zealand Police that is generated from GEDmatch PRO.

All genetic information is stored on secured servers and systems. DNA samples are managed by ESR under current operating protocols and legal obligations as required under the Criminal Investigations (Bodily Samples) Act 1995 and the Privacy Act 2020.

Personal information will only be used and disclosed in connection with the purpose for which it was collected – to identify human remains or a perpetrator of a serious crime. ESR will not use any personal information collected for its own purposes.

We do not share genetic data with third parties other than New Zealand Police or as required by law. We do not use case related genetic data for any purpose other than the specific FIGG service for which it was provided or obtained.

ESR is acting as New Zealand Police’s agent in relation to the FIGG services it performs. All information and privacy requests relating to FIGG should be directed to New Zealand Police.