Data Protection Surrounding Mass Graves

Identification often forms a crucial aspect of mass grave investigations, though it is commonly understood as an obligation of means. The identification of human remains is a precondition for the return of remains to families to facilitate commemorative practices but also for the family to receive a death certificate. In scenarios where large numbers of human remains are found in mass graves, DNA testing by an accredited laboratory is a reliable way to make science-led identifications, but it may not be readily available in-country. 

As new technologies for identification emerge, concerns surrounding access to, and protection of, information and individuals’ data are likely to persist and even increase, with leading experts in migrant family reunification calling for international standards in relation to DNA-led approaches. Significantly, emerging technologies require explication not only in terms of the type of information they reveal (for example, new DNA technology called short tandem repeats (STRs)) but also on how the information might render itself to exploitation beyond the main identification purpose. 

The cross-border transfer of this information, its vulnerabilities, third party involvement, data sharing and disposition are all areas for review. Whilst there is some general discussion of the issue in the literature clear linkages to mass grave investigations would help to ensure that a DNA-led framework (including database management, informed consent, sampling, analysis, chain of custody and reporting standards) is compatible with a human rights framework. 

This PhD project will analyse, and where needed proffer, good governance in relation to data and sample protection, transfer, storage, disposition, ownership and sharing, thereby making a vital contribution to families and all stakeholders involved in investigation and identification processes.