OVERVIEW OF DNA TESTING PROCEDURES, REGULATIONS, AND LEGAL FRAMEWORK IN TANZANIA
Requesting Authority for DNA Testing
Applications to collect Human DNA samples can be made by the following authorities:
- 1. Courts, when there is a dispute between parties.
- 2. Advocates, Social Welfare Officers, and Community Development Officers for non-disputed legal matters.
- 3. Police officers of rank Inspector or above.
- 4. Research institutions authorized to conduct Human DNA research.
- 5. District Commissioners, particularly in cases of mass disasters.
- 6. Medical practitioners for medical-related cases.
Types of Samples for Human DNA Collection
Human DNA samples may be collected from Saliva, Hair with roots, Urine, Stool (feces), Blood, Skin, Teeth, Bones, Semen, Vaginal swabs, Objects with stains or traces of the above and any other human tissue or body parts if necessary.
If a different sample type is required, the responsible authority may approve it if it aids DNA identification. Intimate samples (e.g., semen or vaginal swabs) should only be collected when non-intimate samples (e.g., saliva or hair) are unavailable.
Costs for DNA Test
DNA test cost Tsh 212,000 per sample i.e. per each individual.
Procedures for Collecting DNA Samples in Criminal Investigations
- The officer must inform the individual that permission has been granted, explain why the sample is needed, describe the collection process, and advise that the genetic information may be used as evidence.
- For persons under 18, a parent, guardian, representative, or social worker must be present during sample collection.
- Female intimate samples must be collected only by female officers.
- If a person refuses to provide a sample, the officer may record a statement, which must be read to or by the person for confirmation or correction
Humane Collection, Packing, and Transportation of DNA Samples
- DNA sample collection must be lawful, respectful, and minimally intrusive.
- At crime scenes, all collection details must be documented.
- Samples must be sealed, labeled, coded, and packed in appropriate containers.
- The sampling officer is responsible for securing samples under lock and key.
- Transportation to laboratories must be safe and secure.
- Officers must consider the sensitivity and urgency of the genetic information and complete prescribed forms at every transportation stage.
Research Involving Human DNA
- Anyone conducting Human DNA research (except medical treatment research) must apply for a permit, detailing sample types, research location, focus, and purpose.
- Medical or treatment research involving Human DNA requires
- a written permit application before starting.
- Applications must explain:
- Why Human DNA samples are essential.
- How research benefits outweigh privacy risks.
- Safeguards to protect private genetic information.
- Researcher qualifications and compliance.
- Assurance that participant identities will not be disclosed.
- The Regulator reviews applications, grants permits if compliant, or provides written reasons for denial.
- Permits may be revoked if ethical or legal breaches occur.
- For medical research notifications, objections must be communicated within 30 days.
- Intellectual property rights for new or unique research results belong to the researcher or institution.
Offences and Penalties
A person commits an offence if they:
Collect DNA samples without written authorization.
Intentionally swap or mislabel DNA samples.
Collect intimate samples when non-intimate options are available.
Collect samples without official authorization.
Expose samples or genetic materials to damage.
Extract more genetic information than permitted.
Share genetic information improperly.
Provide false genetic information.
Conduct unauthorized DNA research.
Collect samples from minors or incompetent persons without proper consent.
Operate unregistered DNA testing laboratories.
Penalties:
Offenders may face fines up to 5 million Tanzanian shillings, imprisonment up to 3 years, or both.
More serious offences (e.g., deliberate swapping, unauthorized research, coercion, buying samples, sending samples abroad without permission) carry fines between 5 and 10 million shillings, imprisonment between 3 and 5 years, or both.
Violations of Parts VI and VII of the law may result in fines between 5 and 50 million shillings, imprisonment between 3 and 7 years, or both.
Violations of Section 56 may lead to fines between 10 and 50 million shillings, imprisonment between 2 and 7 years, or both.
Offences by Corporations
If a company or organization commits an offence under this Act, and it is shown that an officer, member, or person acting on its behalf consented, allowed, or was negligent, both the company and the individual(s) are liable. Convictions may result in fines ranging from 5 million to 50 million shillings.
Special Note
This summary provides a clear, concise guide to the key aspects of DNA testing and related legal provisions in Tanzania, please reach out for any specific assistance.
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