# Can I (Legally) Test Your DNA? **URL:** \ **Category:** Factual Questions\ **Created:** [November 17, 2010, 10:08am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962 "2010-11-17T10:08:17Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [November 17, 2010, 10:08am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/1 "2010-11-17T10:08:17Z")
Well, really I do not want to test _your_ DNA. But I have on my desk a bit of Prince William’s strangely ginger hair, and also a lock of Prince Chuck’s disappearing hair. Legally, may I have the two compared and publish the results? Would the situation be different in the US and the UK and other countries? ---
**Author:** ![lazybratsche](https://avatars.discourse-cdn.com/v4/letter/l/ba8739/32.png) [@lazybratsche](https://boards.straightdope.com/u/lazybratsche)\ **Post date:** [November 17, 2010, 11:53am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/2 "2010-11-17T11:53:03Z")
In the US, HIPAA prevents publication of “personally identifiable information” without patient consent. In the past genetic information didn’t necessarily fall under the category of “personally identifiable” since a few snippets of DNA sequence on their own don’t enable you to identify the individual, so this was OK to publish as long as the research subjects remained anonymous. But now we’re entering a gray area, with sequencing of entire genomes on a routine basis. Conceivably, in a few years we might learn enough to match a genome sequence to an individual. For example, you publish the sequence of Prince William (without consent). Then, sometime in the future, other researchers publish a study of the genetics of royal families in Europe. With that information people can now identify that the sequence you published belongs to Prince William. In the more general case or some random schlub, it’s conceivable that we might someday be able to pick enough identifiable information out of a genome to match it to an individual. Right now most legitimate researchers are playing it safe and obtaining consent from their subjects before publishing any genetic information. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [November 17, 2010, 11:54am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/3 "2010-11-17T11:54:56Z")
Certainly medical ethics would play a role, but I was thinking more about a newspaper. Could they legally publish information on who fathered whom? ---
**Author:** ![Francis\_Vaughan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/francis_vaughan/32/3093_2.png) [@Francis\_Vaughan](https://boards.straightdope.com/u/Francis_Vaughan)\ **Post date:** [November 17, 2010, 12:42pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/4 "2010-11-17T12:42:56Z")
One suspects that publishing something that so directly challenges the legitimacy of the heir to the throne in the UK might actually be a treasonable offense. On the other hand, ethics and the UK tabloids are strangers. So it might be an interesting call by the editor of The Sun to decide whether to risk such a revelation or not. ---
**Author:** ![si\_blakely](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@si\_blakely](https://boards.straightdope.com/u/si_blakely)\ **Post date:** [November 17, 2010, 1:24pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/5 "2010-11-17T13:24:00Z")
From [HomeDNAdirect.co.uk](http://www.homednadirect.co.uk/forensic-dna-test/discrete-samples.html) … > [@](#): > > 1. In the UK the **Human Tissues Act** dictates that you cannot take DNA samples from anybody without their explicit consent. In cases of minors, you may sign on their behalf if you are the legal guardian of the child. So any newspaper that published such a result would be a party to a breach of the act, and thus liable. Si ---
**Author:** ![Lo-Slung\_Denim](https://avatars.discourse-cdn.com/v4/letter/l/f6c823/32.png) [@Lo-Slung\_Denim](https://boards.straightdope.com/u/Lo-Slung_Denim)\ **Post date:** [November 17, 2010, 1:32pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/6 "2010-11-17T13:32:23Z")
Also, Prince Harry is the ginger one. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [November 17, 2010, 1:54pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/7 "2010-11-17T13:54:59Z")
Well, sure he is, on top. Nonetheless, it is only a matter of time before someone does this. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [November 17, 2010, 5:00pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/8 "2010-11-17T17:00:26Z")
It might work differently in the UK, but you wouldn’t get in trouble for publishing, you’d possibly get in trouble for how you obtained the sample. Did you steal it? Was it obtained by fraud? Did you have consent? If you’re just standing around the office, and someone leaves a DNA sample on your blue dress, well, it seems like they voluntarily gave you that sample. But if you break in at night and cut off some hair, that’s battery as well as robbery. Or if you buy the sample from a shifty-eyed guy who says it fell off the back of a truck. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [November 17, 2010, 5:45pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/9 "2010-11-17T17:45:00Z")
If I had to get a sample, I would pay someone to steal it for me. If I had to do the deed myself, I would try to collect some silverware or other such stuff one of the princes used. ---
**Author:** ![congodwarf](https://avatars.discourse-cdn.com/v4/letter/c/e36b37/32.png) [@congodwarf](https://boards.straightdope.com/u/congodwarf)\ **Post date:** [November 17, 2010, 7:13pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/10 "2010-11-17T19:13:55Z")
Does anyone really care or even better, does anyone honestly think the fact that Harry’s a redhead makes him not Charles’ kid? Ya know, if being the sole redhead in the family automatically makes parentage suspect, I’d like a DNA test over here please. I’d like a new father. Tragically - for me at least, it’s possible to have a redhead born to 2 brunettes or blonds, or even one of each. I got my hair from my maternal grandmother’s father. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [November 17, 2010, 7:18pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/11 "2010-11-17T19:18:16Z")
To me both Charles and William seem to have reddish hair. It’s brown but it does seem to have tinges of red in it. ---
**Author:** ![congodwarf](https://avatars.discourse-cdn.com/v4/letter/c/e36b37/32.png) [@congodwarf](https://boards.straightdope.com/u/congodwarf)\ **Post date:** [November 17, 2010, 7:27pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/12 "2010-11-17T19:27:26Z")
I always thought that too. I suppose it wouldn’t be such an issue if Harry came out looking like a troll. Since he looks more like his mother, he’s suspect. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [November 17, 2010, 7:31pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/13 "2010-11-17T19:31:36Z")
> [@](#): > > Tragically - for me at least, it’s possible to have a redhead born to 2 brunettes or blonds, or even one of each. I got my hair from my maternal grandmother’s father. It’s possible from two brunets or one of each, but I don’t think it’s possible from two blonds. At least, not in the Mendelian approximation. As I understand it, there’s one gene that says whether you have melanin in your hair or not, with having it being dominant over not having it, and another gene that says what color any melanin you have will be, with brown being dominant over red. ---
**Author:** ![congodwarf](https://avatars.discourse-cdn.com/v4/letter/c/e36b37/32.png) [@congodwarf](https://boards.straightdope.com/u/congodwarf)\ **Post date:** [November 17, 2010, 7:51pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/14 "2010-11-17T19:51:12Z")
I will admit that it has been 16 years since my last biology class and high school biology isn’t the most in depth class you’ll ever take. So, it’s possible I’m misremembering. But, my Bio teacher told us that parents can produce any hair color children as long as that color is in their genes. So, 2 blond parents who have redheaded ancestors could have a redheaded child. My cousin has platinum blond hair. But, she has the same redheaded ancestor that I have. Based on what my Bio teacher said, even if her husband had also been a blond, it’s possible their daughter could have turned out as a redhead (he’s not and the kid is blond like her mom). But, it’s still possible. Of course, this is also the teacher who told the class I was a freak of nature with my blue eyes and red hair. I neglected to tell him that I have a different blood type from my parents and sisters (yes, it is possible for parents A- and B+ to have 3 different blood typed children). ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [November 17, 2010, 10:00pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/15 "2010-11-17T22:00:30Z")
> [@Paul\_in\_Qatar](#): > > Well, sure he is, on top. And he’s red-haired below the waist, too. There is video available of him stating this, when asked by a soldier in his unit if his pubes are red, too. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [November 19, 2010, 6:56pm UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/16 "2010-11-19T18:56:24Z")
> [@si\_blakely](#): > > In the UK the Human Tissues Act dictates that you cannot take DNA samples from anybody without their explicit consent. In cases of minors, you may sign on their behalf if you are the legal guardian of the child. > Si How does the UK law handle things like garbage? I know that (in most cases) in the US, if you throw something away, you essentially abandon claim to it. So, it’s generally legal to go through someone’s trash that they’ve placed at the street for collection. People throw away hair and other bodily castoffs all the time. Is it illegal to collect? Is it only illegal if you actually take DNA from it? ---
**Author:** ![si\_blakely](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@si\_blakely](https://boards.straightdope.com/u/si_blakely)\ **Post date:** [November 20, 2010, 7:56am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/17 "2010-11-20T07:56:13Z")
> [@iamthewalrus\_3](#): > > People throw away hair and other bodily castoffs all the time. Is it illegal to collect? Is it only illegal if you actually take DNA from it? Under the act it is illegal to obtain or keep such material with the intention of analysing the DNA. I know that it is a TV trope that the police cannot force someone to give a DNA sample but can grab a discarded cigarette butt/cup etc due to the rules on self-incrimination. I suspect that the realities are somewhat different. However, the police have that authority to test the DNA to investigate their case. You will find that other laws cover the private rights of individuals, including DNA, and that individuals can take legal steps to prevent their DNA being tested by someone else even from discarded material. It is basic privacy. The Police evidence laws are different in the UK, and I am pretty sure the police do not have to rely on such things here. But private citizens are subject to the Human Tissue Act provisions. Si ---
**Author:** ![Cazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cazzle/32/75_2.png) [@Cazzle](https://boards.straightdope.com/u/Cazzle)\ **Post date:** [November 20, 2010, 8:13am UTC](https://boards.straightdope.com/t/can-i-legally-test-your-dna/560962/18 "2010-11-20T08:13:07Z")
[Princess](http://news.bbc.co.uk/olmedia/images/_36710_earl_spencer.jpg) [Diana’s](http://www.chriscairnsfoundation.org.nz/attachments/earl-spencer-news.jpg) [brother](http://news.bbc.co.uk/olmedia/120000/images/_124113_earl_spencer_150.jpg), [Earl](http://www.londonspeakerbureau.co.uk/managed/images/speakers/351--Charles-Spencer.jpg) [Spencer](http://cache4.asset-cache.net/xc/82298195.jpg?v=1&c=IWSAsset&k=2&d=77BFBA49EF8789215ABF3343C02EA54856316C5375E75F716B2ED1E48F0E5562EE98C58DF7413F5BE30A760B0D811297). The Case of Royal Harry and the Red Hair isn’t the most compelling mystery ever.