The Office of the Privacy Commissioner of Canada has told Canadian Press that direct-to-consumer genetic testing companies are subject to federal and provincial private-sector privacy laws, if they are based in the country or have a real and substantial link to Canada and are engaged in commercial activities. Generally speaking, says CP, Canadian police would have lawful authority to pursue an action such as trying to identify suspects with DNA information held by private companies under those laws, the office said. It also noted, however, that the DNA Identification Act, which introduced the National DNA Data Bank in 1998, does not allow for familial searching. “Our view is that DNA constitutes highly sensitive personal information. While DNA profiles can help solve cold cases … and bring emotional closure to victims and families, their collection and retention must respect the highest possible standards of fair balance between security and privacy,” it said in an emailed statement.
