| Abstract: | Over the past decade, forensic DNA databases have become important government tools in the fight against crime. The national DNA database in Taiwan was established by applying the DNA Sampling Act and the Prevention of Sexual Abuse Act in 2000. The purpose of the above two acts are to maintain people’s safety, to assist in the judicial identification of persons, to assist in tracking down missing persons, determine biological fatherhood, enhance the effectiveness of crime investigators and to more effectively prevent sexual offences. The competent authority follows the two laws to collect DNA samples from sexual and serious offences. Article 205-1 of the Criminal Procedure Law in Taiwan defines bodily evidence as including any secretion, blood, hair or other tissue samples, but it does not define how to perform DNA sampling. According to the provision of this detailed DNA Sampling Act, Article 5, when DNA sampling is performed, priority should be given to blood samples first, then saliva, and finally hair sample. This lack of distinguishing in the law between intimate, substantial bodily search and non-intimate, minimal or non-bodily search for DNA evidence recovery presents serious human rights problems concerning privacy, confidentiality, and informed consent. In the case of adultery, intimate samples such as vaginal swabs were taken without the consent of the suspect, based on the grounds of “knowing the person suspected of committing the crime”, having seriously compromised the right of privacy. Such violation of human rights should only be undertaken in cases of much more serious crimes. |
