regulating RAPID DNA 

Rapid DNA technology promises to accelerate dramatically the pace at which DNA samples can be processed. Using specialized machines, rapid DNA automates the development of a DNA profile — and, in some cases, eliminates the need for a forensic lab. Whereas traditional lab-based profiling can take months or even years due to persistent case backlogs, rapid DNA machines can generate results in as little as one to two hours. Vendors promise that these advances will enable law enforcement agencies to obtain critical evidence much sooner, improve compliance with DNA collection laws, and reduce the burden on overwhelmed public labs. 

This technology, however, also presents serious risks. Without regulation, agencies might fail to follow procedures necessary to ensure accurate, reliable results. This is especially the case when police seek to process crime scene samples, which may contain DNA from more than one person or are poor quality, making interpretation difficult even for trained analysts. Without clear rules in place, there is a profound risk of errors leading to wrongful arrests and prosecutions, and threatening to erode DNA’s status as the forensic “gold standard.”

There also is the potential that rapid DNA’s speed and ease of use will encourage broader collection and storage of DNA, such as from individuals who have purportedly given their consent, or from items deemed “abandoned,” like a cup or straw. Many of these practices raise serious ethical concerns and may raise ethical or constitutional concernst. And, crucially, auditing requirements that play a central role in identifying errors and noncompliance often are missing in the rapid DNA context.

Despite all of this, regulation of rapid DNA remains uneven. At the federal level, the FBI has developed relatively robust rules for agencies and labs contributing to the national DNA database it administers. But many agencies are using rapid DNA machines outside of the federal rules — or any rules whatsoever. This regulatory gap leaves many deployments of rapid DNA without meaningful safeguards, auditing, or accountability.

This report argues that rapid DNA’s promise can only be realized if it is accompanied by sound governance. The report outlines a set of legislative guardrails that should be implemented in any jurisdiction deploying rapid DNA.