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DNA Data From California Newborn Blood Samples Stored, Sold To 3rd Parties (cbslocal.com)

schwit1 writes: "This might come as a surprise to California natives in their 20s and early 30s: The state owns your DNA. Every year about four million newborns in the U.S. get a heel prick at birth, to screen for congenital disorders, that if found early enough, can save their life." However, when those tests are done, the leftover blood isn't simply thrown away. Instead, they're taken to an office building and the DNA data is stored in a database. "It’s a treasure trove of information about you, from the color of your eyes and hair to your pre-disposition to diseases like Alzheimer’s and cancer." And that's not the end of it: "The California Department of Public Health (CDPH) is not the only agency using the blood spots. Law enforcement can request them. Private companies can buy them to do research – without your consent."

187 comments

  1. What's the complaint? by Anonymous Coward · · Score: 5, Insightful

    Standard herd-management practice; stop disrespecting your owners.

    1. Re:What's the complaint? by cayenne8 · · Score: 2
      Wow....

      Is there a way parents can refuse to allow this to their kid?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:What's the complaint? by Anonymous Coward · · Score: 3, Informative

      No there isn't. It's legitimized by law: https://www.govtrack.us/congress/bills/110/s1858

    3. Re:What's the complaint? by BitterOak · · Score: 5, Informative

      Wow....

      Is there a way parents can refuse to allow this to their kid?

      Yes. Don't have your baby in a hospital.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    4. Re:What's the complaint? by Moof123 · · Score: 5, Interesting

      In my 30's? Check.
      Born in Cali? Check.
      Born at home? Check! I escaped this one thanks to the awful experience my parents had at the hospital with my brother.

      Interestingly, back then the state could really make you jump through hoops for doing this. My birth certificate got held up for 4 months to try to force my parents to divulge the midwife's name (midwifery was and may still be illegal in the People's Republic of California).

    5. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Our owners fail at basic animal welfare. I want to go back to being free range.

    6. Re:What's the complaint? by pixelpusher220 · · Score: 1

      Granted. Your hospital access is hereby revoked unless you pay upfront and full cost.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    7. Re:What's the complaint? by KGIII · · Score: 1

      I've an ex who is a midwife and is from California. Up in the Grass Valley area. Don't worry, she's too young to have been your mother's baby catcher.

      --
      "So long and thanks for all the fish."
    8. Re:What's the complaint? by stephanruby · · Score: 5, Insightful

      In my 30's? Check.
      Born in Cali? Check.
      Born at home? Check! I escaped this one thanks to the awful experience my parents had at the hospital with my brother.

      You didn't escape anything.

      If they have your brother's dna on file, then they're just one brother away from identifying your dna.

    9. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Sibling DNA is effectively yours given the current search abilities -- they may still need to get yours for actual definitive correlation but they will know to get yours..

    10. Re:What's the complaint? by Moof123 · · Score: 1

      He's in his 40's. Check, and mate!

      Of course, I did work for one of the three letter acronyms, so I know I am fully owned regardless.

    11. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Standard Cow Response; The surrender of your freedoms does not surrender mine. Stop encouraging it.

    12. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Here' we don't even have prices, you just sign that you're responsible for whatever the hospital decides, even if that's $800 Tylenol and $7000 or simple blood tests.

    13. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Yeah, but I may be his daddy. Maybe I better check those DNA records myself about a bunch of those kids in California. They'd be 8 years old now? And maybe 15? Or 22? Or 29? Or even 36?

      I used to visit every so often.....

    14. Re:What's the complaint? by KGIII · · Score: 1

      I'm not admitting to anything. I'm afraid that you'll have to speak to my lawyer if you want more information regarding any past dalliances that may or may not have taken place in the State of California.

      Actually? I don't *think* that I've any more spawn meandering around the planet. It's not for lack of trying or for being overly cautious but I seemingly shoot a lot of blanks or get extremely lucky.

      --
      "So long and thanks for all the fish."
    15. Re:What's the complaint? by nensondubois · · Score: 1

      By registering Libertarian. That's the only way to end this bullshit.

      --
      http://gamehacking.org/vb/threads/12747-nensondubois-codes http://twitter.com/nensondubois_
    16. Re:What's the complaint? by DavidPoole · · Score: 1

      You can also refuse vaccines. But why the hell would you do either of these things ? You can have your sample destroyed so any real objection is pretty flimsy.

    17. Re:What's the complaint? by DavidPoole · · Score: 1

      We still want a sample because we are mandated by law to screen every baby. You can avoid this by refusing to have your child participate in the medical and legal systems... we won't mind.. less work.

    18. Re:What's the complaint? by the+monolith · · Score: 1
      A copyright stamp could work to stop proliferation, perhaps.

      Additionally, you could add 'Made In U.S.A' in a circle round the belly button - it's been written about in an ancient science fiction short story, so extra points for finding to book!

    19. Re:What's the complaint? by Zibodiz · · Score: 1

      We had our daughter at home with a midwife, and she required that we get the blood screening done. I had no idea her DNA could be in a database from that somewhere, and I never signed anything to authorize that sort of thing. The screening was performed at a LabCorp office.

    20. Re:What's the complaint? by BitterOak · · Score: 3, Insightful

      We still want a sample because

      You may want a sample. I want a beach house in Malibu. Luck to us all.

      we are mandated by law to screen every baby.

      You may be mandated by law to screen every baby, but that doesn't mean I am mandated by law to hand you my baby for screening.

      You can avoid this by refusing to have your child participate in the medical and legal systems... we won't mind.. less work.

      Please cite the law which says my child can never go to a doctor or hire a lawyer because he hasn't provided the state with a DNA sample.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    21. Re:What's the complaint? by BitterOak · · Score: 2

      We had our daughter at home with a midwife, and she required that we get the blood screening done. I had no idea her DNA could be in a database from that somewhere, and I never signed anything to authorize that sort of thing. The screening was performed at a LabCorp office.

      The midwife requires this as a condition for delivering your baby? The problem is, by the time you're supposed to take your baby in for that screening, she has already delivered the baby! So what happens if you just don't bring the baby in?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    22. Re:What's the complaint? by AmiMoJo · · Score: 3, Interesting

      One of the worst aspects of DNA databases is that they criminalize family members of people on the database.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    23. Re: What's the complaint? by Anonymous Coward · · Score: 0

      I did not see any mention of selling your data in that link.

    24. Re:What's the complaint? by pnutjam · · Score: 1

      I've never had a baby in California, but I've had six in other states. In my experience, you get very little information about what is going on with your baby, especially if you put them in the nursery.
      Every doctor wandering the halls can stop by and do whatever checks they want, then bill you for the visit. The medical community has some great ethical guidelines, but they are often overlooked or ignored.

    25. Re:What's the complaint? by Dr.+Manhattan · · Score: 2

      You can also refuse vaccines. But why the hell would you do either of these things ? You can have your sample destroyed so any real objection is pretty flimsy.

      There's two separate things going on here. The screening for obscure diseases is one thing - and sure, that's a good thing. The warehousing of samples indefinitely to be used in research - and whatever else might one day be permitted legally - without explicit consent? That's quite a different issue, and there are reasonable objections to that.

      --
      PHEM - party like it's 1997-2003!
    26. Re:What's the complaint? by jdavidb · · Score: 1

      Most of our children have been born at home, but we still had to do the heel prick tests (in Texas). I think there was a way to opt out of them storing the blood samples, but I don't trust them to actually do that.

    27. Re:What's the complaint? by NotARealUser · · Score: 1

      They do the tests to check for certain genetic disorders that are more treatable if detected early. Anyway, being someone concerned with privacy myself, I asked the same question in a different state. In my state, there was a big legal battle about this, and the supreme court ordered the DNA to be destroyed. This was after the health department denied they were keeping records of each person's DNA, until evidence presented itself to the contrary.So the state office holders "addressed the issue" by just making it mandatory.

      Before it became law, I actually filled out the paperwork that said I do not consent, unfortunately, the nurse took the baby for a checkup in the middle of the night and did it anyway. When we complained, they said, don't worry, it is not a big deal.

      With our second child, I asked if I could opt out again (or at least try). They informed me that I no longer had that option. So I asked if I could hire a private doctor to do the genetic screening and just pay out of pocket. Again, they said that was impossible.

      I hate to sound like I am wearing a tin foil hat. Maybe I've watched too many distopian and sci-fi movies, this just screams of massive problems down the road. Sure, good can come out of it, but there is a lot of evil that can be done as well, especially considering this is essentially in the hands of the politicians.

    28. Re:What's the complaint? by Anonymous Coward · · Score: 0

      It's not for lack of trying or for being overly cautious but I seemingly shoot a lot of blanks or get extremely lucky.

      Just FYI, despite what you may have heard on Tumblr, or trumpeted by a legion of SJW's, you cannot get a Man pregnant even if he gets extreme cosmetic surgery, takes hormones, changes his name, and goes around demanding he be referred to as "she" and be allowed to shower in the Women's locker room.
      So you should be ok, but you might want to think about getting tested for STD's.

    29. Re:What's the complaint? by ultranova · · Score: 2

      One of the worst aspects of DNA databases is that they criminalize family members of people on the database.

      Worst? It means the state holds your family hostage for your good behaviour, and can pretend it's not their fault if called for it. Perhaps that is an unintended side effect. Perhaps.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    30. Re:What's the complaint? by Anonymous Coward · · Score: 0

      What a joke. The first time you go to a doctor, they will take a DNA sample under some other pretense. Last time I was at the dentist they did this to me just for an UPDATE of my records. I'm guessing. They sure didn't give ME any of the data.

    31. Re: What's the complaint? by Anonymous Coward · · Score: 0

      Child abuse charges.

    32. Re:What's the complaint? by Anonymous Coward · · Score: 0

      Child Protective Services has *amazing* authority to take your kids away from you for the most trivial of things. Seriously, Americans think they have a *lot* more protection under the law than they actually do once CPS is involved. Refusing to take adequate medical precautions is precisely the sort of excuse they use to take your kids away if they decide they don't like you.

      Getting your kids back is a very steep uphill battle, since the legal system treats you as guilty until proven innocent, and CPS testimony is given more weight than yours.

    33. Re:What's the complaint? by Anonymous Coward · · Score: 0

      http://sanfrancisco.cbslocal.com/2015/11/09/dna-data-from-california-newborn-blood-samples-stored-sold-to-3rd-parties/

      The CDPH turned down a request for an interview and wouldn’t explain why it doesn’t ask permission to sell babies’ blood spots. But it said parents can have them destroyed https://www.cdph.ca.gov/programs/nbs/Pages/default.aspx . And CDPH says the blood spots are de-identified and can’t be tracked back to the child.

      But Yaniv Erlich with Columbia University and the New York Genome Center said there’s no way to guarantee that. His research demonstrated how easy it is to take anonymized DNA, cross-reference it with online data and connect it to a name. “You need to have some training in genetics, but once you have that kind of training the attack is not very complicated to conduct,” he said.

    34. Re:What's the complaint? by DavidPoole · · Score: 1

      Sorry, was being pretty stupid last night. We, are unfortunately obligated by the state legislature to try, of course you can opt out of screening. And no, you don't need a lawyer to not hand over a blood sample, though we don't do and DNA tests and as I've noted the DNA isn't good enough for forensics (at this point, I am sure someone would note). It is no different than handing over a blood sample when you go to a doctor's office. As others have noted you can have your sample destroyed as well so it doesn't get used for research. Avoiding testing however is akin to an antivaxxer position and it is rather frustrating to deal with. Apologies.

    35. Re:What's the complaint? by DavidPoole · · Score: 1

      So have you sample destroyed, stop donating blood, etc. Blood and tissue is big business, this is just a 'scary' government agency that doesn't really profit for it, it is a great headline but a terrible representation of reality.

    36. Re: What's the complaint? by Dr.+Manhattan · · Score: 1
      I actually am in the process of having the samples destroyed for all of my children - now that I'm actually aware of them. Michigan recently switched to an opt-in research consent, but my kids were born before the cutoff - for them it's opt-out. And we were not informed of this warehousing at any point when any of them were born.

      Either way, you have to specifically request destruction. No response so far to either phone or email...

      --
      PHEM - party like it's 1997-2003!
    37. Re: What's the complaint? by Anonymous Coward · · Score: 0

      The samples will doubtless be destroyed, but they'll still have the necessary information from those samples stored forever.

    38. Re: What's the complaint? by Zibodiz · · Score: 1

      Exactly.

  2. Was anybody suprised? by Anonymous Coward · · Score: 0

    Eventually we will see a national DNA registry. Something like this will be how it starts.

    1. Re:Was anybody suprised? by Anonymous Coward · · Score: 1

      Not if we set an example and kill everyone involved in making this decision, and their direct families.

    2. Re:Was anybody suprised? by Anonymous Coward · · Score: 2, Insightful

      Eventually we will see a national DNA registry. Something like this will be how it starts.

      Actually, it started back in the late 90's with the D.A.R.E. program. Local law enforcement goes around to all the Grade Schools each year, and hands out a bunch of "Your children will be kidnapped and brutally raped, tortured, and killed unless..." literature. They use it to convince the parents to provide DNA (via mouth swabs), fingerprints, and photographs, and stuff it all into a "black" database. Which database is this? Well, it's the national LE database of course, where it lives forever.

    3. Re:Was anybody suprised? by hawguy · · Score: 1

      Not if we set an example and kill everyone involved in making this decision, and their direct families.

      And kill everyone that's had their DNA sampled, that way you can be certain that you're starting from a clean slate. Clearly it's the only way to be sure.

    4. Re:Was anybody suprised? by Anonymous Coward · · Score: 0

      I don't think it is a good idea, nor do I advocate it. Merely pointing out that a massive police state is not a guaranteed outcome. There is always an alternative option.

    5. Re:Was anybody suprised? by Anonymous Coward · · Score: 0

      There is always an alternative option.

      Sartre? Is that you?

    6. Re:Was anybody suprised? by Anonymous Coward · · Score: 0

      Unfortunately, those in power only understand violence. The mundanes are like elephants being prodded with a stick by a skinny little grinning man. All the elephant has to do is wake up.

    7. Re:Was anybody suprised? by OhPlz · · Score: 1

      L'enfer, c'est California.

    8. Re:Was anybody suprised? by Anonymous Coward · · Score: 0

      and they introduced what drugs look like and what works the best so drug use rose among kids/teens

      dare was a wonderful program. Cops needed to ensure future easy to catch criminals. get em interested in drugs early, like joe camel, and grab fingerprints and swabs for future identifying.

  3. trust us they said by Anonymous Coward · · Score: 1

    We wont use it for anything else they said.
    The government is just looking out for you they said.
    The people who do this shit should be lined up and shot.

    1. Re:trust us they said by gurps_npc · · Score: 1
      Actually they did not. They never promised anything - they never mentioned it. The basic problem is you are paranoid about the wrong things. You think the government will lie and not do what they promise. Instead they simply don't mention what they are doing.

      Here, let me correct your libertarian rant:

      (They don't ask what we are doing with this blood?) (If they don't pay attention, and don't pass a law against it, we can do what we want.) (We can tell them it's small government simply by selling it to private corporations instead of using tax payer funded cash to do it.)

      The solution is not to distrust and weaken government, but to pay attention and BELIEVE the people when they tell you what the laws say.

      --
      excitingthingstodo.blogspot.com
    2. Re:trust us they said by peragrin · · Score: 1

      Actually it gets worse than that.

      They go we need to take these samples to test for this stuff. hmm doing the tests is (expensive, hard, ,etc) we should contract it out. The contract company goes, we got all this stuff, how do we monetize it even farther, as the government is making us do these tests on razor margins. oh we can sell the raw data to company Z. excellent we can get paid double or triple for the same product.

      eventually it gets found out and things like this happen.

      The government doesn't have to lie, just not look too deeply. Business's will find ways to profit.

      Think about it this way. anything that isn't illegal is legal. Why do we have laws against murder, and other laws that say that hiring someone to kill for you?because it was a loop hole.

      --
      i thought once I was found, but it was only a dream.
    3. Re:trust us they said by DavidPoole · · Score: 1

      Yes, they are contracted to medical labs that do all sorts of other testing of patient samples throughout California. We loose money by doing it this way but it is better than funding a bunch of local state labs to do the same thing and maintain a 24 hour turnover time for results necessary to prevent your baby from being handicapped because someone gave him a peanut butter snack. No, they cannot legally sell the raw data, the contractor labs are explicitly forbidden from doing this. Also the data isn't particularly any more useful than any other medical data, perhaps less so because they are 99.9% the same as every other newborn. Perkin-Elmer profits immensely.

    4. Re:trust us they said by Anonymous Coward · · Score: 0

      Note to patsy (thats you fuckface):

      I don't care what the Government says it is doing with this, I do not trust them. Therefore I do not trust anyone who pushes the lies (yes patsy they are lies).

      So why dont you go post on facebook how much you love Hillary.

    5. Re:trust us they said by Anonymous Coward · · Score: 0

      And vote. If the people of California are willing to vote for privacy protections, politicians will pander to that in order to attain power.

      As it stands, people in California are more interested in forcing medical practices on newborn babies (parental preferences be damned) than they are in protecting their privacy.

      Sounds to me like a good reason not to live in California.

    6. Re:trust us they said by fulldecent · · Score: 1

      "Also the data isn't particularly any more useful than any other medical data"

      Let me explain to you how data retention works.

      --

      -- I was raised on the command line, bitch

  4. Sue - Sue - Sue! by Mitreya · · Score: 4, Insightful
    I don't think this

    Law enforcement can request them. Private companies can buy them to do research - without your consent.

    neccesarily means that

    The state owns your DNA.

    Surely it should be possible to establish that individuals own their DNA, particularly from the perspective of private companies that may want to buy them from the state. Lawsuit time?

    1. Re:Sue - Sue - Sue! by Anonymous Coward · · Score: 0

      Surely it should be possible

      Good luck with that. Knuckleheads like you have ceded so much power to these people in the name of "fairness" and "justice" its a lost cause now. Accept your fate, subject. You voted for it.

    2. Re:Sue - Sue - Sue! by flatulus · · Score: 2

      Read the Michael Crichton novel "Next". It tells a (fictional) story about bad actors "owning" the DNA of someone. I believe it is rooted in truth (most of Crichton's novels are moralistic and focused on some social or technical issue), and the gist is that a company "owned" a person's DNA because tissue removed from his body became the legal property of the hospital where it was removed (in the papers he signed prior to surgery). I may have not gotten this exactly correct (been a while since I read it), but that was my takeaway.

      Good novel, too.
       

    3. Re:Sue - Sue - Sue! by Anonymous Coward · · Score: 0

      Poor little sheep thinks it knows stuff. :(

      Anyone else for lamb stew?

    4. Re:Sue - Sue - Sue! by AmiMoJo · · Score: 1

      I imagine they would claim to own the sample and the decoded data. I'm no expert on US law but I seem to recall that it was ruled that statistical information could not be protected by copyright (baseball match results I think it was), so maybe you can't really own your DNA "data" either.

      It's like a book containing out of copyright songs. The songs can't be copyrighted, but the layout of the musical notation and the book can be. Same with maps, the lay of the land can't be owned, but the map of it can be.

      Aren't there any privacy laws to protect your DNA from being sampled, used and sold without your permission?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:Sue - Sue - Sue! by Anonymous Coward · · Score: 0

      I am going to look into what it takes to declare my image, in all combinations of known, hypothesized, and yet-unknown dimensions, as a registered trademark. Nike can own a damn checkmark; I think my DNA is a bit more important to my identity than that. Seems like it should be an easy matter right?

    6. Re:Sue - Sue - Sue! by Hankenstein · · Score: 1

      Read the novel The Immortal Life of Henrietta Lacks It is a true story about the same thing.

  5. Vampires by penguinoid · · Score: 1

    These people are like modern day vampires, they want to suck you dry.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  6. and you don't own any discoveries . . . by swell · · Score: 4, Insightful

    No doubt they can patent anything interesting that they find in your blood.
    You won't be the first whose DNA made millions for other people.

    --
    ...omphaloskepsis often...
    1. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      No doubt they can patent anything interesting that they find in your blood.

      No they can not. Patenting anything that occurs naturally, including genes and sequences of DNA, is not allowed. You need to have an "invention" without "prior art" to be able to patent. So you can't patent a gene, or mutation, but you can patent a method or device to detect a gene or mutation.

    2. Re:and you don't own any discoveries . . . by mspohr · · Score: 4, Informative

      Henrietta Lacks.
      https://en.wikipedia.org/wiki/...

      Biotech made millions from her DNA. She got nothing.

      --
      I don't read your sig. Why are you reading mine?
    3. Re:and you don't own any discoveries . . . by Spamalope · · Score: 1

      No they can not. Patenting anything that occurs naturally

      Exactly, just like software can't be patented!

    4. Re:and you don't own any discoveries . . . by cfalcon · · Score: 1

      In fairness, there was no way for HER to get anything at all. Her heirs eventually secured some acknowledgement for her in scientific papers, but no actual money either.

    5. Re:and you don't own any discoveries . . . by Antique+Geekmeister · · Score: 1

      Unlike, say, insulin?

      > http://heritage.utoronto.ca/in...

      The patent was apparently first patented in England and Ireland in 1922, though the original research was done in Canadaa.

    6. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      No they can not. Patenting anything that occurs naturally, including genes and sequences of DNA, is not allowed

      Hah aha ha ha ha aha ha ha ha ha ha ha ha ha ha ha ha heh ha hah ha heh heh heh!!!

      That aside, you're absolutely 100% correct. However, filing ridiculously broad patents on all possible medical uses of that DNA _is_ allowed, and happens all the time.

    7. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      That's been a little bit more difficult lately.

      For instance, Myriad has had its patent cancelled on the BRCA1 / BRCA2 mutation test it had developed with such data:

      Another Defeat for Myriad in BRCA Gene Patent War

    8. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      It isn't her cells/DNA that are studied worldwide. It is the cells/DNA of the dramatically aggressive cancer that killed her that are studied worldwide.

    9. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      Those were her cancer cells fuckface. She didnt get them from Monsanto.

      Some of you people are downright brain dead.

    10. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      Hm, so you think that someone should make money for doing nothing? Her DNA wouldn't have amounted to jack if it wasn't for the *work* done by the scientist involved. She did nothing. They did the work. Seems pretty clear who should receive the prize in such a case.

    11. Re:and you don't own any discoveries . . . by Anonymous Coward · · Score: 0

      The have your DNA, in the form of a card with your blood on it. They don't sequence the genome, only test for a few life threatening preventable genetic conditions.

      The blood will sold for research, but it will be anonymised and used for things like estimating the frequency of alleles in the population. It can't be traced back to you directly.

      The fact that the anonymous DNA sequence may be found in DNA databases is a privacy issue that is yet to be dealt with, as technology is developed that allows it to be matched to individuals.

      Police may be able to get it and use it for forensics. But then they can pick up a coffee cup you through away and use that.

  7. Medical ethics anyone? by Bruce66423 · · Score: 1

    Surely doctors have a duty of care to their patients that would include preventing this happening? Seems to me that a rather large class action suit might be out there soon...

  8. Any child of an EU or Canadian citizen can sue by WillAffleckUW · · Score: 5, Interesting

    DNA is Data.

    The EU/US Data Treaty and the US/Canada Data Treaty both give citizens of those countries, even if born in the US, data privacy.

    I smell class action lawsuits.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Any child of an EU or Canadian citizen can sue by Anonymous Coward · · Score: 1

      Data privacy? You haven't visited Slashdot much have you? There are almost daily stories about accidental (hacks) or intentional data breaches (Spying on citizens). The only way to make sure your data is private is to NOT store it in the first place!

    2. Re:Any child of an EU or Canadian citizen can sue by DavidPoole · · Score: 3, Interesting

      We do not test people who are not residents of California. I have one sample from outside our program and we still don't know what to do with it since there is no data attached and we have no authority to destroy it.

    3. Re:Any child of an EU or Canadian citizen can sue by internerdj · · Score: 1

      There is however a fundamental difference between we didn't secure your social security number well enough and it was taken by a third party and we will sell your social security number to anyone interested in "research."

  9. I opted out by nicoleb_x · · Score: 1

    I got out of Kali longer before the kids came.

    1. Re: I opted out by DavidPoole · · Score: 0

      Most states have a screening program, but yeah, good on you for opting out. Did you also opt out of vaccinations while you were at it?

  10. Yes by Anonymous Coward · · Score: 0

    the only reason there is an uproar is because the person who found out is the wife of some congressperson who is now trying to ban it outright

    i believe you can formally request the blood destroyed tho

    1. Re:Yes by davester666 · · Score: 1

      Yes. Request away. I believe it will handled similarly to how the DHS handles requests to be removed from the no-fly list.

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:Yes by cayenne8 · · Score: 1
      I've also heard recently that hospitals try to force you to sign up your newborn's for Social Security too...is this the case?

      I'd not want to force my kids to get in the SS program if they didn't have to...claim the religious thing or something....

      I didn't apply for one till a typing class like when I was in 9th grade.....but I heard the FEDs are trying to make parents register newborns now....?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:Yes by Anonymous Coward · · Score: 0

      Back in the late 1980's, the IRS began requiring a SSN to declare someone as a dependent. Prior to that, you didn't need a SSN until you began working and paying taxes.

    4. Re:Yes by david_thornley · · Score: 1

      They ask for SSNs for dependents on the income tax form. I don't know if you can get a deduction for a kid without one.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    5. Re: Yes by Anonymous Coward · · Score: 0

      They must be signed up for SS before they can be deductions on your taxes.

  11. Finance ethics, lol! by TiggertheMad · · Score: 2

    If they are doing this, there has to be a legal release form buried somewhere in the paperwork that people sign on admittance. There is no way a good medical lawyer would let this occur in a hospital that they were paid to represent, because of the possibility that people find out ten years later and crater the hospital with a class action lawsuit.

    Of course, any pregnant woman admitted under emergency circumstances might not have had a chance to sign the papers before it is done..it seems that if this is true, someone is going to get sued for a lot of money over this.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Finance ethics, lol! by Anonymous Coward · · Score: 1

      No release needed as HIPPA explicitly allows a variety of government agencies to access your health data. Here's one(of twelve) exceptions:

      A covered entity also may use or disclose, without an individuals’ authorization, a limited data set of protected health information for research purposes (see discussion below).

    2. Re:Finance ethics, lol! by davester666 · · Score: 1

      And elsewhere in the documented "Limited" is defined as meaning "all"

      --
      Sleep your way to a whiter smile...date a dentist!
    3. Re:Finance ethics, lol! by Applehu+Akbar · · Score: 1

      Remember when HIPPA was sold as being about privacy? What it really does is introduce a series of bureaucratic hoops which make it more difficult to do anything medically than it ever was before, while giving government and its corporate sponsors access to any of your personal information they want, and for free.

    4. Re:Finance ethics, lol! by Anonymous Coward · · Score: 0

      You linked it and still can't spell it correctly. HIPAA. One 'P', two 'A's.

    5. Re:Finance ethics, lol! by DavidPoole · · Score: 1

      It is considered a standard part of every birth actually so it is just like authorizing the doctor to make sure you don't bleed to death and your child is infused with blood should they need it (and many do). Most states have this program so that is the justification for it being a standard part of giving birth. It is an opt out program because most people would not believe they need testing (genetic diseases are by definition rare), however the consequences are so damn severe for anyone with a disease that we want to do it. It is just like vaccination.

    6. Re:Finance ethics, lol! by Anonymous Coward · · Score: 0

      I spell it like it sounds. The legislative aides should have done a better job when they thought of the backronym.

    7. Re:Finance ethics, lol! by Anonymous Coward · · Score: 0

      No this is not like a vaccination.

      It might be if all they did was test it for diseases and discard it, but thats not what they do.

      Vaccinations don't get you entered into a database that the government can pull your genetic profile from whenever it wants to.

      You are mentally challenged aren't you fuckface. You seem to be forgetting the argument isn't against doing the test, its against storing the data.

  12. RTFA? by Anonymous Coward · · Score: 0

    The first posting in a long time that's left me itching to RTFA

    1. Re:RTFA? by KGIII · · Score: 1

      Don't ruin it, you've got a good streak going.

      --
      "So long and thanks for all the fish."
  13. Actually no by rsilvergun · · Score: 2

    they still can't patent discoveries. Now, synthetic DNA yes, you can patent that. But then you didn't discover that, you made it. Although the problem with that is at what point did you 'discover' it or just make something naturally occurring...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Actually no by Anonymous Coward · · Score: 0

      Further, I don't think you can even patent your synthetic DNA. You patent the process for making that synthetic DNA, which is often enough to prevent anyone else from making it.

  14. 3rd party? by Anonymous Coward · · Score: 0

    Is it Facebook? It's the natural next step.

    1. Re:3rd party? by RDW · · Score: 1

      'Meet hot singles with compatible MHC haplotypes in your area!'

      'Want to make those brown eyes blue? Visit airoptix.com today!'

      'With perfect matches to sample profiles from seven different crime scenes on file at the FBI, Better Call Saul!'

  15. Only a problem if it's not anonymous by vistic · · Score: 2, Insightful

    If the DNA information is just collected and stored anonymously, with no record of WHOSE DNA it is, I don't think it's a problem. It's useful for compiling statistics and doing studies. However, if law enforcement is interested in this data, it sounds like they are actually keeping track of who the DNA sample came from. Just make it anonymous.

    1. Re: Only a problem if it's not anonymous by Anonymous Coward · · Score: 1

      It's definitely not ananymous. In CA, upon arrest they also swab your mouth. Plus, I doubt hospitals would then now refuse to sell said same data. Ahh, baby's blood. Yummy

    2. Re:Only a problem if it's not anonymous by Intron · · Score: 2

      If the DNA information is just collected and stored anonymously, with no record of WHOSE DNA it is, I don't think it's a problem. It's useful for compiling statistics and doing studies. However, if law enforcement is interested in this data, it sounds like they are actually keeping track of who the DNA sample came from. Just make it anonymous.

      That would make it useless to the insurance companies who want to buy it and deny you coverage.

      --
      Intron: the portion of DNA which expresses nothing useful.
    3. Re:Only a problem if it's not anonymous by AHuxley · · Score: 1

      Re 'if law enforcement is interested in this data"
      Yes the many years of public information on Familial DNA searching been a term used in public.
      https://en.wikipedia.org/wiki/...
      Seems many nations will have paperwork going back to "1983" too :)

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Only a problem if it's not anonymous by Anonymous Coward · · Score: 0

      to use a car analogy, if I steal a car and file off all the vin stampings etc, then that should be fine with everybody as you can't trace the car. right?

    5. Re:Only a problem if it's not anonymous by AthanasiusKircher · · Score: 2

      Nice shit post. Obamacare introduced guaranteed issue (aka "no discrimination based on pre-existing conditions), so that's not a possibility anymore.

      No -- important correction: that's not a possibility CURRENTLY.

      The Republicans have been fighting for years to overturn Obamacare, and though it seems increasingly unlikely that they'll succeed in overturning the entire thing, it's certainly possible that they may eventually chip away at some provisions. This is one of the most expensive ones for insurance companies, so if they can lobby to gradually chip away at it piecemeal, you can bet that they'll try.

      No law is forever.

    6. Re: Only a problem if it's not anonymous by DavidPoole · · Score: 2

      It is certainly linked to your parents. But it cannot be used beyond a reasonable doubt for forensics. The samples will be too old and there isn't a good mechanism for the DoJ to request samples. They are used ideally for identifying remains of missing persons, I don't deal with that though. For reference I do the human identity testing of the samples (to test in case of a mix up). The DOJ lab is across town (Richmond, CA) and they have a tremendous backlog of those swabs.

    7. Re:Only a problem if it's not anonymous by jittles · · Score: 1

      If the DNA information is just collected and stored anonymously, with no record of WHOSE DNA it is, I don't think it's a problem. It's useful for compiling statistics and doing studies. However, if law enforcement is interested in this data, it sounds like they are actually keeping track of who the DNA sample came from. Just make it anonymous.

      According to an expert who was interviewed for the article (forgive me for RTFA), it is not difficult to deanonymize this sort of DNA data. Supposedly a layman could do it with proper training and that it is trivial for a DNA expert.

    8. Re:Only a problem if it's not anonymous by Antique+Geekmeister · · Score: 1

      > If the DNA information is just collected and stored anonymously, with no record of WHOSE DNA it is,

      In which case it would be useless for most of the most valuable and, yes, profitable research and would not be funded.

    9. Re:Only a problem if it's not anonymous by Anonymous Coward · · Score: 1

      The problem with DNA is that it's never anonymous. It's the same way that bits scale exponentially as you add more. Each bit of genetic information makes you more identifiable. A number of studies have been done on the difficulty of deidentifying DNA data.

      I work on genetic studies as a career, and we talk about this stuff all the time. This seems like terrible practice.

    10. Re:Only a problem if it's not anonymous by rgmoore · · Score: 2

      The problem with anonymizing the samples completely is that it makes it impossible to add new information about the donors' health since birth, which would make the samples much more useful for researchers. Totally anonymous samples could be used, for example, to look at gene frequencies, but not a lot more. The greatest value to researchers would be if they could associate the samples with subsequent health information so that they could look for genetic markers associated with specific diseases. That can only happen if it's possible to connect the samples to their donors' health records.

      The ideal approach would be to have a completely trustworthy organization hold the samples, associate them with the health records, and then anonymize the samples before providing them to researchers. That would let you have the benefits of the research without the drawbacks of destroying people's privacy. The question is whether we trust our government to do that.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    11. Re:Only a problem if it's not anonymous by sociocapitalist · · Score: 1

      If the DNA information is just collected and stored anonymously, with no record of WHOSE DNA it is, I don't think it's a problem. It's useful for compiling statistics and doing studies. However, if law enforcement is interested in this data, it sounds like they are actually keeping track of who the DNA sample came from. Just make it anonymous.

      No - why should this be allowed at all? I don't care if it's anonymous or not - my DNA is mine and my baby's DNA is his/hers. It doesn't belong to the state and it sure as hell doesn't belong to any of these companies who are scarfing up DNA data and metadata.

      1) If there is no requirement to collect directly related to the health of the patient, then no collection should be made.
      2) Should not be collected without the approval of the parents.
      3) The parents should not be misled or obligated to give their approval unless an immediate and life threatening situation requires it.
      4) At the parents' request the data should be destroyed after whatever immediate analysis is.

      --
      blindly antisocialist = antisocial
    12. Re:Only a problem if it's not anonymous by Anonymous Coward · · Score: 0

      Its a major problem. I'll just need to collect one sequence big enough and pattern match it against the database and voila, not quite so anonymous anymore.

    13. Re: Only a problem if it's not anonymous by Dr.+Manhattan · · Score: 1

      But it cannot be used beyond a reasonable doubt for forensics.

      Presently, at the current state of the art.

      --
      PHEM - party like it's 1997-2003!
    14. Re:Only a problem if it's not anonymous by Shadow+IT+Ninja · · Score: 1

      The DNA, itself, can be personally identifiable. There is disagreement about exactly how much or what sequences you would have to include for DNA data to be personal health information (PHI, regulated by HIPAA) in and of itself. One thing is perfectly clear - that any sequence which includes forensic DNA markers (specifically mentioned as personally identifiable information in HIPAA) as well as the sequence of any gene which is the subject of an FDA approved diagnostic test, is PHI. There is no need for any additional information accompanying the DNA sequence for it to be subject to HIPAA regulation. In Massachusetts, de-identified DNA data can only include somatic mutations - the differences between diseased tissue (such as cancer) and the patient's normal tissue. Germline variants - differences between the patient DNA sequence and the reference genome (i.e. human genome project), are not allowed. What we need is broader clarification on the matter.

  16. Too Much To Ask? by Anonymous Coward · · Score: 0

    For a FA?

    1. Re:Too Much To Ask? by KGIII · · Score: 1

      Our benevolent overloads, namely Slashdot, have decided, in their infinite wisdom, to move the links in some articles. To the right of the article title, in small font, is a name - it is where the story came from. You can now, also, click on that link and it will bring you to the article.

      Brilliant work, those clever designers! It certainly didn't interrupt the user experience, cause confusion, or result in people making more informed comments. Their insight and ability to truly understand the user is often a source of great pride for these folks.

      What really, really, impressed me most about this decision was their willingness to communicate the changes to the users in a meaningful and obvious way. I mean, yeah, they came right out and showed us in a nice clear post about this - it even told us why they were doing it. Not only that, they explained the many other changes. For a whole day, or two, I could click my username in the comments and be directed to the user control panel (and not to my profile's home page - that was insanely useful and a feature I'd been asking them to implement for months)!

      Yes, yes I am bitter.

      --
      "So long and thanks for all the fish."
  17. where's the link by Anonymous Coward · · Score: 0

    Isn't there supposed to be a fucking article to go with this fine summary?

  18. They take more than that... by Anonymous Coward · · Score: 0

    They take the placenta for "research".

    1. Re:They take more than that... by DavidPoole · · Score: 1

      It's very key.. Actually they sell this to places like the red cross who extract it for cord blood which they then sell to organizations like the CDPH-GDSP-GDL at tremendous markup (no really, the price of innocent blood is not cheap, and we are not allowed to import it from China). Nothing about no clones in the freezer, forget about it.

  19. Really??? by Anonymous Coward · · Score: 0

    What part of 1984 did you not understand???

  20. A problem with their story... by greenwow · · Score: 0

    If the blood spots are deidentified and can't be traced back to the child then why would law enforcement EVER request them? That proves they're not removing identification as they claim.

    1. Re: A problem with their story... by Anonymous Coward · · Score: 0

      Looks like the moderators don't understand your argument. It's sad that they moderated you as a troll instead of rebuking your argument. That's just lazy.

    2. Re:A problem with their story... by DavidPoole · · Score: 1

      Blood spots sent to research have been removed of all identifying information. Blood spots in our storage are still paired with their accession reference number. Law enforcement can request them through a lengthy process for identifying missing persons. I work at this agency, I am going to be commenting all night.

  21. Eggs. Basket. by Anonymous Coward · · Score: 0

    You know the rest.

  22. Stupid post by jklovanc · · Score: 1

    Since when has Slashdot posted articles without links to corroborate the story? This is a new low even for Slashdot.

    1. Re:Stupid post by Kaimelar · · Score: 1

      I thought so, too, but the link is beside the title:

      http://sanfrancisco.cbslocal.c...

  23. Article? by AndyKron · · Score: 1

    {Citation needed}

    1. Re:Article? by AHuxley · · Score: 1

      The "DNA Data From California Newborn Blood Samples Stored, Sold To 3rd Parties" has "(cbslocal.com)" that links to:
      http://sanfrancisco.cbslocal.c...

      --
      Domestic spying is now "Benign Information Gathering"
  24. Ask me, I work there by DavidPoole · · Score: 1

    It is really strange to be sitting around as a typical gov't employee reading ./ and finding my very own job mentioned. So yeah, we have all your blood, if you were born sometime around or after the mid eighties. We get roughly 500,000 samples a year, and the blood was until recently stored alongside Safeway's inventory at a local freezer facility. We also have to special order baby blood for our reference samples, we have the best catalogs. Now if you have any questions about this place, ask me, if I don't know, I can ask someone else. I am quitting for my Ph'D at the end of the year so you've got my time ./ as a thanks for giving me so much to read over the last six years.

    1. Re:Ask me, I work there by Anonymous Coward · · Score: 0

      What information (besides the blood/DNA itself) do you know or retain about each blood sample?

    2. Re:Ask me, I work there by Kaimelar · · Score: 1

      Now if you have any questions about this place, ask me, if I don't know, I can ask someone else. I am quitting for my Ph'D at the end of the year so you've got my time ./ as a thanks for giving me so much to read over the last six years.

      Ok, I'll bite. Thanks in advance for the info.

      1) Can you provide a link or links to more information about this program, since apparently the submitter or Slashdot editors thought that wasn't necessary?

      2) Is there a method or procedure to determine if your information is in this database, and to obtain this information?

      3) Is there a way to opt-out or otherwise control the flow of this data to/from other agencies?

    3. Re:Ask me, I work there by Kaimelar · · Score: 1

      Ok, my snark re: the editors may have been unwarranted -- I see the article's sources are now beside the headline. Not used to that.

      For anyone else, it's at http://sanfrancisco.cbslocal.c...

    4. Re:Ask me, I work there by Anonymous Coward · · Score: 0

      ...the blood was until recently stored alongside Safeway's inventory at a local freezer facility.

      In research contexts, DNA is usually stored at much colder temperatures and with more protections from freeze/thaw cycles than supermarket frozen food. Presumably, "alongside" is not meant to be taken literally in this context?

    5. Re:Ask me, I work there by DavidPoole · · Score: 1

      1) Sure, that would be great, I know nothing about the editing process so I will just post up links in this comment, thanks for dealing with it. Main Page: http://www.cdph.ca.gov/program... 2) I know there is some way to look up your information, it is generally only easily accessible within 5 years of birth. Frankly, getting records for most of the readers here would be an annoying process on our end since those old records are somewhere outside of the central system (I've looked for my own). 3a) Opt-out, if you are giving birth you can opt out, but I would note that the benefits of this testing are really immense, the diseases screened for will cause mental and physical handicap. I would say opting out of this is like opting out of vaccinations. 3b) I don't know about data or sample control. I do know that there is an involved process for researchers to get samples (and they do not get anything identifying). The samples cannot effectively be used by law enforcement for purposes of human identification forensics, they are instead used for trying to identify the remains of missing people. No other agencies care about our info, though there is a ton of interesting data inside it that can be mined.

    6. Re:Ask me, I work there by DavidPoole · · Score: 1

      I don't know it all personally -- though morbidly one of the most common names is 'Baby Boy'. We have a full record of each birth that is linked to each sample by accession number. It lists mostly the parents' contact information, doctor, sample custody information, and birth related information including the screening test results. It is fairly standard for a medical record and contains pretty much just what is needed to do a job. Access to the records is limited to people who need access, and activity on the database is recorded so they would quickly identify if someone were scraping data. That last bit is because I tried to pull a large section of gestational ages (no names or anything) without proper clearance, it wasn't pretty.

    7. Re:Ask me, I work there by DavidPoole · · Score: 1

      Oh god, yes it is cold in those freezers, but it doesn't have to be that cold for these samples. The dried blood spot on filter paper is really robust, samples have survived since the sixties, look up Guthrie samples if you are interested. As you said though, they are not literally alongside.. we also have a brand new storage facility and it took teams of six lab techs two years to move everything from one place to the other.

    8. Re:Ask me, I work there by rockmuelle · · Score: 1

      I'm late to this thread, but this seems like a good place to add one more key point that's important and likely lost on the causal crowd here.

      The DNA referenced here is just that: DNA in a blood sample. Except for the basic genotyping done looking for specific diseases (which looks at miniscule portion of the DNA), there's almost no data associated with these samples.

      To actually sequence the DNA from these samples would be a tremendous undertaking and be very expensive. For example, pre-natal sequencing firms (Sequenom, Natera, et al) sequence around 100k samples a year each using techniques that look at maybe 10% of the genome, still a long way from fully sequencing individuals. And, those methods are all sequencing a blend of mother/fetals blood, so they're not really identifying.

      There's little to fear today from nefarious use of these samples. But, the long term issues are real and something the legal and scientific communities need to address.

      -Chris

    9. Re:Ask me, I work there by DavidPoole · · Score: 1

      We use phenotypic screening. We don't have the sort of time or money to look at people's DNA directly. Otherwise, you are pretty much right.

    10. Re:Ask me, I work there by Anonymous Coward · · Score: 0

      Wow, those are amazing stories! Thanks for all your posts: it's what makes Slashdot great. Too bad your comments haven't all been moderated to +5 - but Slashdot isn't perfect. :)

  25. Diseases by Anonymous Coward · · Score: 0

    the DNA data is stored in a database. "It's a treasure trove of information about you, from the color of your eyes and hair to your pre-disposition to diseases like Alzheimer's and cancer."

    Is this true? Can they really see my "pre-disposition to diseases" with current technology? We if so I would like to know. I'm sure this info would be valuable to my family doctor. Since whenever I go to the doctor they don't seem to have a clue about anything.

    1. Re:Diseases by DavidPoole · · Score: 1

      Yes, your doctor at birth gets all these records, and it pretty much only applies to genetic diseases. Pre-disposition is a key word for racial demographics.

    2. Re:Diseases by gl4ss · · Score: 1

      pay to get the testing done. plenty of companies who will tell you if you're missing a chromosome. it's not standard practice because some people don't want to know - and oh well there is the thing about voodoo only working if you believe in it..

      --
      world was created 5 seconds before this post as it is.
    3. Re:Diseases by DavidPoole · · Score: 1

      That isn't really fair for the poor people of this state, who are more likely to experience disease and need the help the most. Should we pay private companies to do the tests for everyone.. that is just what we do. As noted, the objection is storing the sample, or the data, I don't know.

  26. Link? by Anonymous Coward · · Score: 0

    Is there a link from a reputable news agency about this? Because as someone born in California who's in my early 30s, I'd like to verify this before I start to seriously consider organizing a class against them.

    1. Re:Link? by DavidPoole · · Score: 1

      Sadly, your parents consented in some form or fashion while you lacked agency on account of not being born at the time.

  27. DMCA? by seven+of+five · · Score: 1

    Surely there must be an interpretation of the DMCA whereby the originator of IP can prevent its misuse? Or does that apply only to corporations?

    1. Re:DMCA? by DavidPoole · · Score: 1

      My great grand-daddy might have an objection to my misusin' my DNA's then. You don't generate this information, the process of analysis generates the information.

  28. Finally by Bender0x7D1 · · Score: 1

    Finally - an advantage to being an old guy. All you young kids can worry about your DNA privacy AND get off my lawn!

    In all seriousness, privacy is being eroded from so many directions, if we (and by we I mean almost everyone) don't start fighting against it, we will discover that the War on Privacy is over, and we have lost. In fact, between Facebook, Google, ISPs and electronic health records, it's probably over already - but I want to be optimistic.

    --
    Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    1. Re:Finally by PopeRatzo · · Score: 0

      In all seriousness, privacy is being eroded from so many directions, if we (and by we I mean almost everyone) don't start fighting against it, we will discover that the War on Privacy is over

      Privacy-shmivacy, people care more about the War on Christmas. I guarantee there will be more statements from the current crop of candidates at the debate tonight on the War on Christmas than about the War on Privacy.

      I mean, what was Starbucks thinking when they brought out red cups? They're basically spitting in the face of All ChristiansTM.

      --
      You are welcome on my lawn.
    2. Re: Finally by Moonrazor · · Score: 1

      The privacy war will be over??? Old geezer, sit down. I have something to tell you and it's going to make you very very sad.

      --
      Burn the land and boil the sea........
  29. How can we dis posters for failing to RTFA? by Anonymous Coward · · Score: 0

    I realize RTFAing is heretical, but for the one or two who might consider it, where is the link to TFA to back up this story? Or did I miss the memo advising that "schwit1 writes" is /.ese for "here's something I just made up"?

    1. Re:How can we dis posters for failing to RTFA? by marka63 · · Score: 1

      Right there next to the subject.

  30. Privacy issues here. by Anonymous Coward · · Score: 0

    And so the government would have everyone's DNA and no need to ever take it. Oh boy. And it can be planted at a crime 30 years later. Good luck with your defense.

    1. Re:Privacy issues here. by DavidPoole · · Score: 1

      Do you think we are really 'that' competent at planting evidence. We fuck it up all the time.. I mean.. I just do lab work nothing to see here.

  31. Samples are "de-identified" by greanleaf · · Score: 2

    From TFA: "And CDPH says the blood spots are de-identified and can’t be tracked back to the child." I don't see the issue here. This helps with medical research.

    1. Re:Samples are "de-identified" by iggymanz · · Score: 1

      de-identified for which acquirer? Just CDPH, how about government and law enforcement?

    2. Re:Samples are "de-identified" by Anonymous Coward · · Score: 0

      CDPH says the blood spots are de-identified. But then goes on to say that they can be destroyed upon request. If they can figure out which one to destroy after the fact, then they are most certainly NOT de-identified.

    3. Re:Samples are "de-identified" by jittles · · Score: 2

      From TFA: "And CDPH says the blood spots are de-identified and can’t be tracked back to the child." I don't see the issue here. This helps with medical research.

      Also from TFA:

      But Yaniv Erlich with Columbia University and the New York Genome Center said there’s no way to guarantee that. His research demonstrated how easy it is to take anonymized DNA, cross-reference it with online data and connect it to a name. “You need to have some training in genetics, but once you have that kind of training the attack is not very complicated to conduct,” he said.

    4. Re:Samples are "de-identified" by DavidPoole · · Score: 1

      The samples sent for researchers have their identity information removed. We watch researchers like vultures and it is incredibly boring to do. If you request destruction after they were sent out, we cannot do anything about that.

  32. Predictive Law Enforcement by Anonymous Coward · · Score: 0

    One day we will be able to predict who will be murderers, rapists and political dissenters and snuff them at birth.

    Cheer up comrade, if you are still alive, then you are doing fine.

    1. Re:Predictive Law Enforcement by oever · · Score: 1
      I'm still alive therefor I'm innocent.

      cogito ergo innocent

      --
      DNA is the ultimate spaghetti code.
  33. DNA is part of my person isn't it? by Shadow+of+Eternity · · Score: 4, Insightful

    I do believe I have a right to be secure in my person, papers, etc against an unreasonable search or siezure...

    --
    A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    1. Re:DNA is part of my person isn't it? by sociocapitalist · · Score: 1

      I do believe I have a right to be secure in my person, papers, etc against an unreasonable search or siezure...

      That's probably with regard to the law officers; I think in this case it's more plain old theft.

      --
      blindly antisocialist = antisocial
    2. Re:DNA is part of my person isn't it? by Anonymous Coward · · Score: 0

      The authoritarians in Washington and CA (etc) have spent the last 100+ years undermining the Constitution so that you are no long secure.

  34. You leave your DNA everywhere by Anonymous Coward · · Score: 0

    You leave your DNA everywhere, especially as a baby. If you ever had a blood transfusion, then you also carry other people's DNA inside you.

    1. Re:You leave your DNA everywhere by DavidPoole · · Score: 1

      Yes! Though we get a pretty good STR set for babies.. the potential argument of DNA, nuclease and blood donor contamination pretty much rule out forensic application of these samples. I do the human identity testing for the CA Genetic Disease Screening Lab.

  35. This is a copyright issue. by dsmatthews9379 · · Score: 1

    Children should have the right to share their DNA data, or not, when they are adults. Therefore if you are an adult and you had your DNA data taken you should have the right to issue a take-down order if you do not want your data property effectively put into the public domain against your wishes.

    1. Re:This is a copyright issue. by DavidPoole · · Score: 1

      Well, you could give your blood sample out now if you wanted to give it to researchers. It is also not public domain. I can't just look up your health data or check our your blood sample. Hell, we don't sequence your DNA and there is a good chance we couldn't even find the vital records by the end of the month if we tried. Old samples are effectively lost in a huge pile of paperwork secured by red tape. We also can't be releasing enough information to identify you (intentionally) that would be a HIPPA violation (thanks privacy training, I thought I clicked past everything). So.. unless you were born with a super rare disease (where you might not even be able to give consent or are already dead), then your sample will probably be untouched as the huge halls of paper records that nobody cares about. There are 500,000 babies a year, and frankly you are all just numbers on a spread sheet that get condensed down to aggregate statistics on a report that gets robo-signed through management in a process that somehow saves lives of a small percentage of people afflicted with unfortunate metabolic disorders.

  36. Warning?? by BlueLightning · · Score: 1

    Where's the warning label for this one then California?

  37. Catch all the bad guys by Anonymous Coward · · Score: 0

    And if 30 years later you turn out to be a rapist...great..someone will find you. DNA at birth should be mandatory. Hell, maybe a DNA sample at the airport would mean I don't need to carry ID.

  38. swimming by Anonymous Coward · · Score: 0

    Another in a long line of reasons why the left coast needs to hurry the fuck up and slide off into the pacific.

  39. So ? by Anonymous Coward · · Score: 0

    1) Nothing says what they buy is linked to any name

    2) If some nefarious three-letter agency does want your DNA, they've got plenty of ways to get it from you, unless you spend your days walking around in a level 4 suit and burn your clothes afterwards

    There has been public record DNA banks here for years. We're one of the single most genetically researched populations on earth, barring Ashkenazi Jews. Guess what, nothing happened. The thing which pissed most people off was that one of the tests that was developped from this research, Mozaic's BRCA1/BRCA2 mutation test, was proprietary and costly as hell. But the patent was cancelled and now it costs peanuts, and some people at high breast / ovarian cancer risk can have higher life expectancies.

    Sure, go ahead, refuse the screening and avoid hospitals. If your kid happens to have phenylketouria, perhaps they'll sue you for damages. Well if they have not become complete vegetables by the time they're diagnosed.

    *prepares popcorn*

  40. Commiefornia... by Anonymous Coward · · Score: 0

    What a surprise. A state that has been completely Jewified is doing this. I am shocked, shocked I tell you!

  41. Hahahaha by ThatsNotPudding · · Score: 2

    I do believe I have a right to be secure in my person, papers, etc against an unreasonable search or seizure...

    How quaint. Show us your buckled shoes! Stick your foot thru the Freedom Cage (TM) bars.

  42. Identifiable Data? by luis_a_espinal · · Score: 1

    DNA Data From California Newborn Blood Samples Stored, Sold To 3rd Parties

    Is the data identifiable? Meaning, can a donor be identified with a sample? That is the crux of the matter (and one the zealots in the interweebz seem keen to ignore.)

    Is the data identifiable, then?

    Yes: problem.

    No: no problem.

    1. Re:Identifiable Data? by Anonymous Coward · · Score: 0

      private property is mine and mine alone and shall not be infringed.

  43. Happened in Texas too by wikdwarlock · · Score: 1

    Texas did this for many years, but got called out for it when it became clear that there were some transactions with the US Navy, using the dried blood samples for research. They were sued and had to eventually destroy 5 million samples

    An article in Pediatrics from 2011, hosted at the US National Institute of Health, says that many states are still doing similar shady things with newborn blood samples, and that some don't even need to inform parents about how the samples are used after the initial testing is done.

    --

    "I must not fear. Fear is the mind killer." -Bene Gesserit Litany Against Fear
  44. HIPAA by Anonymous Coward · · Score: 0

    How is this not a HIPAA violation? DNA is absolutely personally identifiable information as a biometric identifier. It's being taken by a healthcare provider, which makes it a covered entity. Biometrics cannot be de-identified to be given to a partner institution. So they pretty much have to get patient consent to do the transfer and afterwards, said the receiving institution must obey the same rules; you can't de-HIPAA medical data.

  45. It gets worse by Anonymous Coward · · Score: 0

    This also means that these people can make a clone of you that they can ass rape over and over. And you may be able to psychically feel it. So, next time your ass hurts, ask yourself, "Is a secret clone of me being ass raped"?

  46. Or you can take custody of them yourself. by Dr.+Manhattan · · Score: 1

    Sequencing such a large volume of samples is not - currently - technically or financially practical. In Michigan, if you jump through special hoops, you can get them to cough up the samples to you personally. That's what I'm doing, before they decide to start building a big sequence database (with 'appropriate protections', of course).

    --
    PHEM - party like it's 1997-2003!
  47. Sounds like a kook post by peter303 · · Score: 1

    No link to proof