Parents upset at sample use
The mother of murdered teenager Jane Furlong was stunned to learn blood samples taken from her daughter at birth were later used by the police to identify her body.
Police are able to seek access to the blood samples of more than two million New Zealanders under ‘‘exceptional circumstances’’.
Officers have used the database to prosecute two homicide cases, to test blood spots found in the Scott Watson murder investigation, and to identify the remains of missing persons, and victims of natural disasters.
The data was accessed in the Watson murder trial, when Olivia Hope and Ben Smart’s DNA was retrieved but did not match with spots of blood found at the crime scene.
Other parents said they were not informed of the possibility that their children’s DNA could be used in criminal investigations.
National screening unit clinical director Dr Jane O’Hallahan said police accessed the Guthrie cards ‘‘as a last resort’’.
She said every request from police was carefully reviewed and the Health Ministry considered the ‘‘individual concerned and the wider public interest in law enforcement and public safety’’.
Figures provided by police showed the blood spot samples were accessed once in 2010 to identify human remains, 13 times in 2011 to identify victims of the Christchurch earthquake, and in two homicide inquiries – both resulting in convictions – after a judge issued a search warrant.
Parents can apply to have the cards containing the blood returned to them. Otherwise, the information is kept and can be used for research.
For Judith Furlong, it felt like another betrayal to find out that a sample from her only daughter had been used by police without her consent or knowledge.
‘‘Forty two years ago they certainly didn’t say they were keeping it. I had no idea. It’s invasive because they didn’t inform you of anything.’’
Scott Watson’s father Chris said he considered the cards ‘‘a DNA database by stealth’’.
Watson said he commissioned a report by a forensic investigator looking at the police investigation, which found police had obtained four Guthrie cards for the case.
‘‘They’ve released the ones that mattered, the Hope and Smart ones, but they’ve also released somebody else’s as well, as a control sample.’’
Watson said the use of Guthrie Cards ‘‘didn’t really have an effect on the case as such’’.
‘‘These were for identifying victims rather than anything to do with identifying a perpetrator.’’
A police spokeswoman said access to samples was rare and strictly controlled.
The spokeswoman said information was tightly protected by the Privacy Act, the Official Information Act, the Health Information Privacy Code, the Code of Health and Disability Services Consumers’ Rights, and the Human Tissue Act.
In Western Australia, the obtaining by police of Guthrie card DNA for investigative purposes led to public outcry and resulted in the samples being destroyed after two years.
Blood spot testing began in 1969 to identify and diagnose more than 20 metabolic diseases, which have high rates or mortality and can sometimes be treated by early intervention.
The sample is placed on a collection card and sent to LabPlus at the Auckland District Health Board for analysis, and stored there unless parents request it’s return.
The blood spot card contains information about the baby including its name, date and place of birth, gender, birth weight, National Health Index number, lead maternity carer and contact details.
Requests from police to access the data must be carried out by the manager of the National Criminal Investigations Group.