Showing posts with label FamilyTreeDNA. Show all posts
Showing posts with label FamilyTreeDNA. Show all posts

Tuesday, 12 March 2019

FamilyTreeDNA updates Terms of Service and Privacy Statement

A MAJOR announcement from FamilyTreeDNA (www.familytreedna.com) following recent controversy on its changed porivacy policy:

Dear Valued Customer,

We are emailing you to notify you of changes that we have made to our Terms of Service, Privacy Statement, and other guidelines and processes which govern how law enforcement may use our site. We now require all law enforcement authorities to register accounts under a special process, designed specifically for law enforcement and third parties working with law enforcement, which allows them to participate in our DNA matching program.

Our new policy changes to allow registration of law enforcement accounts will take effect today, March 12th.

If you do not wish to be matched with these designated law enforcement registered users, you have the ability to opt out by adjusting your Matching Preferences, which now includes an option to opt-out of Law Enforcement Matching. User accounts created prior to March 12th, 2019 that are flagged as an EU account have been opted out of Law Enforcement Matching but may choose to opt in.

Below you will find further details on the changes we are implementing.

Law Enforcement Registry

We have made changes to our Privacy Statement and Terms of Service to allow law enforcement authorities to upload DNA files to our DNA database and utilize our DNA matching service in certain limited circumstances and only if they comply with our specific procedures and processes. FamilyTreeDNA’s Terms of Service and Privacy Statement have been updated to require law enforcement, as well as any authorized representative working on behalf of law enforcement, to register all genetic files through a separate process prior to uploading to the database. Permission for law enforcement to upload genetic files will only be granted upon submission, review, and approval of all required documentation by a qualified staff member and under limiting circumstances as defined in our Law Enforcement Guide. The genetic file must be submitted by law enforcement and/or their legally authorized representative for the purpose of identifying the remains of a deceased individual or a perpetrator of a homicide or sexual assault.

The law enforcement registration process includes the required submittal of case-related information, i.e., case number, law enforcement agency, jurisdiction, principal investigator’s name, email, phone, city, state, and case circumstances. In the case of a legally authorized representative, there must be formal documentation of the law enforcement relationship and authorization by relevant law enforcement officials.

If approved for upload, FamilyTreeDNA will track these law enforcement accounts via an in-house identification system that will allow users to opt out of Law Enforcement Matching.

Law Enforcement Matching (LEM) Preferences

Law Enforcement Matching Opt-Out Option: Users now have the ability to opt out of matching with DNA relatives whose accounts are flagged as being created to identify the remains of a deceased individual or a perpetrator of a homicide or sexual assault, also referred to as Law Enforcement Matching (LEM).

User accounts created prior to March 12th, 2019 identified as residents of the European Union (EU):
User accounts created prior to March 12th, 2019 that are identified as being accounts for individuals within the EU are currently opted out of Law Enforcement Matching. Accounts that have been opted out will have the ability to opt in by going to their Account Settings and adjusting their Matching Preferences.

How to adjust your Matching Preferences: Visit the Privacy & Sharing section within your Account Settings.

Law enforcement accounts will only show up in your matches list when both of the following requirements are met:
  • You are a genetic match to the uploaded genetic file
  • You and the law enforcement account have the same opt in to matching levels selected


Please note: If you opt out of Law Enforcement Matching, these accounts will not be able to see you as a match, but you will continue to see them as a match.

FamilyTreeDNA Citizen's Panel

We are deeply grateful to our FamilyTreeDNA community for its support and input as we navigate this new and unexpected era of law enforcement’s use of genetic genealogy databases, like FamilyTreeDNA’s. We appreciate all of you who have shared your ideas and suggestions over the past few weeks.

To that end, we have created the FamilyTreeDNA Citizen’s Panel comprised of seven individuals with various backgrounds in genealogy, genetic genealogy, and bioethics with whom we will continuously share and review initiatives that could have a potential impact on user privacy. The following seven members were selected to join the panel:


Katherine Borges - Director of The International Society of Genetic Genealogy (ISOGG)

Kenyatta Berry - Professional genealogist and host on PBS’s Genealogy Road Show

Roberta Estes - An early adopter of genetic genealogy and FamilyTreeDNA volunteer Group Project Administrator

Maurice Gleeson - Genetic genealogist, speaker and organizer of the Genetic Genealogy Conference in Ireland, and FamilyTreeDNA volunteer Group Project Administrator

Tim Janzen - Long-time genealogist, genetic genealogy lecturer for Oregon’s local ISOGG group and other genetic genealogy conferences, and FamilyTreeDNA volunteer Group Project Administrator

Amy McGuire - Lawyer and Leon Jaworski Professor of Biomedical Ethics and Director of the Center for Medical Ethics and Health Policy at the Baylor College of Medicine

Bob McLaren - An early adopter of genetic genealogy and FamilyTreeDNA volunteer Group Project Administrator

Questions

If you have further questions, we invite you to check out the Law Enforcement FAQ where we’ve addressed many of the frequently asked questions on this subject. If you don't see your question here, please contact us.

(With thanks to FamilyTreeDNA)

Chris

My next Scottish Research Online course starts March 11th 2019 - see www.pharostutors.com/details.php?coursenumber=102. Details of my genealogical research service are available at www.ScotlandsGreatestStory.co.uk. For my Scottish and Irish themed books, visit https://britishgenes.blogspot.com/p/my-books.html. Further news published daily on The GENES Blog Facebook page, and on Twitter @genesblog.

Sunday, 10 February 2019

More on FamilyTreeDNA and privacy issues

Some more posts of interest on the recent development with FamilyTreeDNA is allowing law enforcement agencies access to its database (see https://britishgenes.blogspot.com/2019/02/familytreedna-is-now-working-with-fbi.html).

Philip Grass has written an interesting blog post about the situation at https://learnalittleeveryday.wordpress.com/2019/02/08/opinion-familytreedna-must-decide-if-they-are-for-genealogists-or-law-enforcement-agencies/.

Elsewhere, the legal genealogist Judy G. Russell and DNA expert Debbie Kennett give their thoughts on the situation in a podcast at https://blog.insito.me/the-insight-show-notes-season-2-episode-13-is-the-fbi-watching-your-dna-571c92f9fc3.

And some reassurances form other DNA firms about privacy can be read at https://www.genomeweb.com/applied-markets/genetic-genealogy-firms-reassure-clients-about-data-privacy-after-ftdna-divulges-fbi?utm_source=addthis_shares#.XGACWrjgqUl.

Chris

My next Scottish Research Online course starts March 11th 2019 - see www.pharostutors.com/details.php?coursenumber=102. Details of my genealogical research service are available at www.ScotlandsGreatestStory.co.uk. For my Scottish and Irish themed books, visit https://britishgenes.blogspot.com/p/my-books.html. Further news published daily on The GENES Blog Facebook page, and on Twitter @genesblog.

Monday, 4 February 2019

FamilyTreeDNA responds to criticism on terms changes

The president of Family TreeDNA (www.familytreedna.com), Bennett Greenspan, has responded to criticism of the news that the company has suddenly changed its terms of service, and announced that it is allowing the FBI access to its database for law enforcement purposes (see https://britishgenes.blogspot.com/2019/02/familytreedna-is-now-working-with-fbi.html and https://britishgenes.blogspot.com/2019/02/do-familytreednas-new-terms-of-service.html):

Dear Customers:

I am writing to address the news that our Gene-by-Gene laboratory, which processes genetic tests for several commercial clients in addition to all of the FamilyTreeDNA tests, has processed a handful of DNA samples for cold cases from the F.B.I. In many cases, the news reports contained false or misleading information.

Let me start with this categorical statement:

LAW ENFORCEMENT DOES NOT HAVE OPEN ACCESS TO THE FTDNA DATABASE.

They cannot search or “dig through” FTDNA profiles any more than an ordinary user can. As with all other genetic genealogy services, law enforcement must provide valid legal process, such as a subpoena or search warrant to receive any information beyond that which any other user can access.

I have been an avid genealogist since I was twelve years old. FamilyTreeDNA is not just a business, it is my passion. I fully understand your privacy concerns on a personal level.

Law enforcement has the ability to test DNA samples from crime scenes and upload the results into databases, like any other customer can, and it appears they have been doing it at other companies for the past year. The distinction is that, according to our Terms of Service and Privacy Policy, we expect the FBI and law enforcement agencies to let us know when they submit something to our database. We moved to something transparent, rather than having them work in a stealthy way. Other than that, nothing changed that affects the privacy of our customers.

FamilyTreeDNA has always taken your privacy seriously and will continue to do so. We’ve remained steadfast, always, refusing to sell your data to pharmaceutical companies and other third parties.

One of the key reasons law enforcement wanted to submit their samples to us is the same reason many of you have: out of all the major companies, FamilyTreeDNA is the only one that has its own lab, and our customers’ samples never leave our company.

As previously stated, law enforcement can only receive information beyond that which is accessible to the standard user by providing FamilyTreeDNA with valid legal process, such as a subpoena or a search warrant. Again, this is specified in FamilyTreeDNA’s Terms of Service, just as with all other companies.

ABOUT OUR TERMS OF SERVICE

The Terms of Service were changed in May of 2018 to reflect GDPR requirements, and we informed our customers about the update at that time. Those changes included a paragraph that required law enforcement to receive our permission to enter the database and since it was a part of the overall update, notice was sent to every FTDNA customer. Without infringing upon our customers’ privacy, the language in the paragraph referring to law enforcement was updated in December, although nothing changed in the actual handling of such requests. It was an oversight that notice of the revision was not sent to you and that is our mistake. Therefore, we are reverting our TOS to our May 2018 version, and any future changes will be communicated to you in a timely manner.

This is the May 2018, GDPR-compliant version, communicated to you at that time: “You agree to not use the Services for any law enforcement purposes, forensic examinations, criminal investigations, and/or similar purposes without the required legal documentation and written permission from FamilyTreeDNA.”

WE WILL DO A BETTER JOB OF COMMUNICATING WITH YOU.

I am genuinely sorry for not having handled our communications with you as we should have.

We’ve received an incredible amount of support from those of you who believe this is an opportunity for honest, law-abiding citizens to help catch bad guys and bring closure to devastated families. We want you to understand, as many of you already do, that you have the same protections that you’ve always had and that you have nothing to fear.

We’ve also heard from supporters offering ideas and solutions to make the FamilyTreeDNA experience a more comfortable one in light of this new information.

We are listening. Our plan is to create a panel of citizen genealogist advisors who will work with us as we focus on how to make your FamilyTreeDNA experience the best one available.

Sincerely,

Bennett Greenspan
President
FamilyTreeDNA.com

(Original source - https://mailchi.mp/familytreedna/letter-to-customers)


COMMENT: Just... wow.

Communication is one thing, but the question still stands as to whether the company's actions actually breach GDPR in the EU. A complaint has apprarently now gone into the Irish Information Commissioner's office - it will be interesting to see a member state of the EU's response.

(With thanks to @debbiekennett via Twitter)

Chris

My next Scottish Research Online course starts March 11th 2019 - see www.pharostutors.com/details.php?coursenumber=102. Details of my genealogical research service are available at www.ScotlandsGreatestStory.co.uk. For my Scottish and Irish themed books, visit https://britishgenes.blogspot.com/p/my-books.html. Further news published daily on The GENES Blog Facebook page, and on Twitter @genesblog.

Saturday, 2 February 2019

Do FamilyTreeDNA's new terms of service breach GDPR?

Following the news that FamilyTreeDNA (www.familytreedna.com) has suddenly changed its terms of service, and announced that it is allowing the FBI access to its database for law enforcement purposes (see https://britishgenes.blogspot.com/2019/02/familytreedna-is-now-working-with-fbi.html), the Legal Genealogist, Judy G. Russell, has posted a fairly damning critique of the news at https://www.legalgenealogist.com/2019/02/01/opening-the-dna-floodgates/.

Noting that she has long been a fan of FamilyTreeDNA, Judy states that the development "may have brought that enthusiasm to a screeching halt". She adds that "At one time here in America, we thought that privacy existed whether or not our homes, papers or effects might contain evidence the police might be interested in — and whether or not we might have crime suspects in our family trees … or in our DNA match lists. Apparently, not any more."

In fact, there is quite a range of opinions in the comments following Judy's post, some for the development, some against, but one point of interest that has been raised is whether the new terms and conditions from FamilyTreeDNA in fact breach the new European wide GDPR (General Data Protection Regulation) regulations, designed to give EU citizens more control over the use of their personal data.

Judy states "My own personal view is that changing these TOS in this fashion would not accord with the GDPR. It remains to be see what, if anything, the EU regulators will conclude."

GDPR was designed to strengthen the right to privacy. This is definitely one to watch.

Chris

My next Scottish Research Online course starts March 11th 2019 - see www.pharostutors.com/details.php?coursenumber=102. Details of my genealogical research service are available at www.ScotlandsGreatestStory.co.uk. For my Scottish and Irish themed books, visit https://britishgenes.blogspot.com/p/my-books.html. Further news published daily on The GENES Blog Facebook page, and on Twitter @genesblog.