FamilyTreeDNA Allows the FBI the Same Access to its Database That You & I Have

According to news reports, FamilyTree DNA is allowing the FBI access to its database – to solve historic murders and rapes. Access which is the same that you and I have. The issue of privacy always comes up when we find that crimes are being solved using the data we submitted for family history purposes. Following is a teaser from an article posted Feb. 1, 2019 at the PCMag website.

Home DNA testing kits are now affordable and commonplace and offer to provide you with detailed information on your family ancestry or a breakdown of your genetics. It also means there’s a number of private companies who now hold large databases of genetic data, and the FBI has gained access to one of the most popular.

As BuzzFeed reports, this week FamilyTreeDNA confirmed that it is working with the FBI and allowing local law enforcement access to its genealogy database. The number of DNA profiles stored in that database is thought to total over a million.

Read the full article at pcmag.com.

Following is Bennett Greenspan’s letter to their users.

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

“History Unearthed Daily”

About Leland Meitzler

Leland K. Meitzler founded Heritage Quest in 1985, and has worked as Managing Editor of both Heritage Quest Magazine and The Genealogical Helper. He currently operates Family Roots Publishing Company (www.FamilyRootsPublishing.com), writes daily at GenealogyBlog.com, writes the weekly Genealogy Newsline, conducts the annual Salt Lake Christmas Tour to the Family History Library, and speaks nationally, having given over 2000 lectures since 1983.

One Reply to “FamilyTreeDNA Allows the FBI the Same Access to its Database That You & I Have”

  1. I received this letter from FTDNA,
    I think this might clear up any mistaken thoughts that came from the Buzzfeed article.. ( I do not count them as a reliable source of correct /factual reporting)

    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

    “History Unearthed Daily”

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