In practical terms, I'm sure it's against the ToS but really the service providers have no way of knowing unless the person has already submitted their DNA and your submission raises a red flag, thus cutting you off from the information you desire. This is interesting from a game-theoretic standpoint in that it might be more secure to give your information to every website and then be the designated owner, but it probably wouldn't shield you from law enforcement getting the same information via subpoena. It's an uphill argument to say that a general right of privacy weighs heavier than the unsolved cases of 10 murders and 50 rapes, a record which will probably be broken again in future.
I don't think DNA testing companies have much incentive to screen potential customers since each person can only submit DNA once without raising another red flag.
Or simply Facebook. Imagine the improvement in advertising accuracy if it could use your DNA as a unique key in its database. Match
I know it would violate certain state laws regarding biometric data, but the penalty for violating those laws appears to be civil by and large, not criminal.
> As for whether it's a criminal act, I think that it might be a form of assault, maybe.
Are you suggesting that using their DNA without their consent is assault, or the taking of it from them? It'd be trivial to take it without contact with them, from e.g. a hair, or their toothbrush, particularly if you live with them.
If I were an insurance company, what's to stop me from hiring investigators to go through customers' garbage to find their DNA, analyze it, and then take "appropriate" action?
I wouldn't be so sure of that interpretation. In most places that I've lived, you could be arrested for taking things out of the trash, whether in front of your house, or even if dumped on the side of the road.
That being said, you can't trespass to obtain the trash.
Laws against discrimination, such as those for both genetic information and pre-existing conditions that already apply to health insurance in the US. Even if nothing stops you from getting the information, you are prohibited from using it.
On a fun side, I wonder what would happen if I submitted dogs or pigs saliva.