Ontario’s privacy commissioner issues guardrails for police using investigative genetic genealogy

TORONTO, ON (June 24, 2025) – Today, the Office of the Information and Privacy Commissioner of Ontario (IPC) released guardrails for police use of investigative genetic genealogy. This first-in-Canada public resource marks an important step towards proper governance of this new and emerging technology.

Investigative genetic genealogy (IGG) is a technique used by police to solve crimes. It involves using genetic data from crime scene samples and DNA databases to identify individuals through genetic matches, or partial matches to biological relatives.

While IGG is a powerful tool for solving serious crimes, its use by police is currently not subject to any clear legislative framework. This raises real privacy and human rights concerns, especially for individuals who may become ensnared as part of a police investigation simply because they share DNA with someone else.

“Investigative genetic genealogy has the power to crack cold cases, bring closure to victims’ families, and even absolve the wrongfully convicted. But without clear legal rules, this new investigative tool can unduly broaden the scope of state surveillance and intrusion into the private lives of many innocent people.” said Patricia Kosseim, Information and Privacy Commissioner of Ontario. “Until there is a clear law governing the use of this technology, my office is proposing a policy framework to help ensure police in Ontario use this technology responsibly and in a way that maintains public trust.”

While the IPC does not necessarily endorse police use of IGG, these guardrails serve as a tool to help police comply with their legal obligations and mitigate risks to privacy and human rights. The twelve guardrails cover: lawful authority, necessity and proportionality, accountability, third party procurement, data minimization, retention, data security, controls for surreptitious DNA collection, transparency, access, public consultation, and ethical disclosure guidelines.

In developing these guardrails, the IPC consulted with a broad range of interested parties to ensure a diversity of voices and expertise, including: police services, government ministries, civil society and human rights organizations, academic researchers and lawyers, experts in forensic science, pathology, genomics and bioethics, First Nations technology leaders, as well as privacy, human rights, and victims’ rights regulators.

Guardrails for Police Use of Investigative Genetic Genealogy in Ontario is the latest in a series of practical resources for police related to Next-Generation Law Enforcement. Others include guidance on automated licence plate recognition, facial recognition, and body-worn cameras. Through the development of these guidance documents, the IPC aims to contribute to building public trust in law enforcement by working with relevant partners to develop the necessary guardrails for the adoption of new technologies that protect both public safety and Ontarians’ access and privacy rights.

Learn more:

• Guardrails for Police Use of Investigative Genetic Genealogy in Ontario
• Family ties: Using investigative genetic genealogy to solve crimes (Info Matters podcast episode)
• Release of personal information to police: your privacy rights
• Disclosure of personal information to law enforcement 
• Law enforcement and surveillance technologies (IPC webcast)

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