Mass. Appeals Court Allows Suit by Man Who Volunteered DNA Sample, Wants Genetic Profile Destroyed

Debra Cassens Weiss reports:

A Massachusetts man who voluntarily provided DNA in 2002 to police investigating a murder may pursue a privacy invasion suit seeking return of his genetic profile, a state appeals court has ruled.

Keith Amato claims in his class action suit that police promised the sample and data would not be retained if his DNA didn’t match crime scene evidence, according to the opinion. The state eventually returned the DNA sample, but not the genetic profile. Amato sued for breach of contract and under two state laws governing state retention of data and invasion of privacy. The Massachusetts Appeals Court allowed all three causes of action.

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