California Privacy Invasion
by Bob Barr

As a former federal prosecutor, I am fully aware of the terrible consequences of violent crime. One of government's first priorities must be to develop and implement effective crime control and public safety policies.

However, the letter and spirit of the American Constitution impart to us one basic lesson: The government must have a very good reason before being allowed to pry into our personal lives. True conservatives and liberals alike agree on this foundational principle.

Proposition 69 on the Nov. 2 ballot doesn't give the people of California a good reason to implement the most privacy-invasive and far-reaching personal information database in the nation.

This extreme and frightening proposal would empower the state to take DNA samples from all persons who are simply arrested for any felony, even though that person might never be charged with a crime, might have the charges dropped, or might later be found not guilty of the charges.

With California already collecting DNA from felons convicted of violent crimes, what purpose does it serve to expand this intrusion to people simply arrested?

Last year, more than 507,000 people were arrested for felonies in California; nearly one-third of them had the charges dismissed or were eventually found not guilty. That's nearly 170,000 innocent people who would have their DNA collected and catalogued in some state-controlled laboratory -- along with the genetic material of murderers, rapists and child molesters -- then shared with other states, private companies and of course, the federal government.

California has more laws on the books than most U.N.-member states. If you happen to fall into a politically incorrect class of people -- an abortion protester in one community, an anti-war protester in another -- some law enforcement-type can find a reason to arrest you and -- bingo! -- they've got your DNA.

Make no mistake about it; DNA is much more than a fingerprint. Your DNA contains the most detailed information about you and your family's history, including your predisposition to Alzheimer's, cancer or mental illness. This is hardly something to be casually handed over to government -- or to private laboratories contracted to do DNA testing.

Also, it represents far more evidence than the police need to simply track down a criminal.

For an innocent person trapped in this database, the process of getting out is not only cumbersome, it's virtually meaningless. The innocent person must take the initiative and petition the court, the prosecutor and the California Department of Justice for removal.

If the court rules against you and refuses to remove your DNA from the state's felony database, there's no appeal. You're trapped for life.

All Californians who believe in government that is accountable and limited, and who wish to preserve the most basic elements of privacy, should take a critical look at Prop. 69.

I did, and I'm proud to stand with the American Civil Liberties Union, the Privacy Rights Clearinghouse, the National Black Police Association and many other groups from across the political spectrum in urging Californians to vote no on Prop. 69.

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