Theft of DNA: Do we need a new criminal offence?

Abstract

This chapter considers the desirability of a new criminal offence, in particular, the activities that might be considered criminally culpable; whether the criminal law rather than the civil law should be utilised to protect any legal interest that people have in their own bodily material and genetic information; and the terms in which the proposed offence might be phrased. It argues that the proposals of both the HCG and the Australian Law Reform Commission for a new criminal offence are appropriate but there are likely to be difficulties in drafting a new statutory offence. The criminal law is also used to punish or deter conduct the community thinks is ‘wrong’, as in the case of ‘streaking..