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Paper short abstract

The use of Investigative Genetic Genealogy (IGG) in criminal investigations is growing, although it presents ethical and legal issues. This study highlights variations in governance, privacy protections, and oversight by comparing regulatory approaches in the US, UK, Sweden, and Australia.

Paper long abstract

Investigative Genetic Genealogy (IGG) provides a forensic tool to identify criminal suspects and the unidentified human remains by linking DNA analysis with genealogy databases that are publicly available. While this technique is useful for solving serious crimes, its application raises legal, ethical, and human rights issues such as informed consent, privacy protections, the use of third-party genetic data, and the growing role of commercial companies in forensic investigations.

This paper examines how IGG is governed in four jurisdictions (the UK, the United States, Sweden, and Australia) through doctrinal and comparative analysis of the laws and regulatory frameworks governing its use in criminal investigations. The findings of this work highlight differences between jurisdictions in their approaches to regulating IGG. The United States represents the most permissive environment, with the availability of IGG based primarily on federal policy and evolving state legislation. While Sweden has adopted a comprehensive statutory scheme in Europe, which includes judicial oversight and safeguards, Australia relies on pilot programs, privacy impact assessments and expert guidance. Finally, the United Kingdom takes a conservative approach to IGG due to its strong data protection and human rights laws.

This comparative analysis highlights key regulatory challenges, including ensuring investigative tools are used appropriately, protecting third-party genetic data, regulating private actors, and enabling cross-border data exchange. It also identifies emerging regulatory trends and gaps that may affect legal certainty and public trust. The research contributes to international discussions on how IGG can be responsibly integrated into criminal justice systems while protecting fundamental rights.