Proceeding with caution

Monday, April 21, 2008 | 2:04 a.m.

The federal government intends to begin collecting DNA samples from anyone who is arrested by a federal law enforcement agency and also from foreigners who are detained, even if they are not charged with a crime.

Congress passed laws in 2005 and 2006 that gave the Justice Department the authority to expand DNA collection. Before that, authorities could obtain DNA only from convicted felons.

Advocates of DNA collection, which include Homeland Security Department officials, tell USA Today that DNA is a powerful law enforcement tool that can help keep violent criminals in jail and prevent them from committing more crimes.

But civil liberties advocates say collecting such personal information is an invasion of privacy — especially since some of those from whom DNA would be taken would not even have to be charged with a crime. Simply being from a foreign country and being detained by federal officials would be enough to have one’s DNA put into the existing federal law enforcement DNA database.

Justice Department officials have estimated that the expanded DNA collection could add information from up to 1.2 million people a year to the database, USA Today reports. The rule is to be published in the Federal Register, after which time the public has 30 days to comment on it.

We think federal authorities are treading on a mighty skinny line.

Certainly, DNA is more accurate and complete than a fingerprint and, in fact, has been used as evidence to overturn decisions against those who have been wrongly convicted of a crime and imprisoned.

But it is also true that the federal government has, in recent years, had problems with protecting Americans’ personal information. Federal audits of such agencies as the Internal Revenue Service and the Veterans Administration have revealed such failings as government employees’ gaining unauthorized access to computer databases and losing laptops that contain personal information on thousands of people.

Before federal authorities start collecting DNA from upward of 1 million people each year, they should make certain that they can do a better job of keeping sensitive information private.