MPI survey asking for DNA samples at checkstops raises privacy concerns

A new roadside survey aimed at measuring drug and alcohol use among Manitoba drivers is asking people to open their mouths for a swab and that's raising privacy concerns.

Manitoba Public Insurance says the survey is offered to drivers after they clear police check stops.

Drivers who agree to the test are asked a series of questions about their drug and alcohol consumption before they're asked to provide a saliva sample with a swab to test for drug use.

There is a lot information that you can get out of someone's saliva, their DNA.- Michelle Falk, executive director, Manitoba Association for Rights and Liberties

"It's strictly voluntary and number two, there are no identifiers attached to the DNA sample. The samples are tested and analyzed in a lab and then they are destroyed," said Brian Smiley, a spokesperson for MPI.

The aim of the survey is to collect data "a baseline" of drug and alcohol use among drivers. They are collecting 1,200 surveys over the next month in several Manitoba communities.

"This baseline will be used for future road safety programming initiatives we'll be able to measure how particularly effective they are moving forward," Smiley said.

"Also taking into consideration the federal government has spoken about legalization of cannabis and how that may impact, moving forward, on impaired driving rates in Manitoba."

Test raises privacy concerns

Civil liberties advocates are raising questions about the ethics of conducting the survey given its proximity to police and the request for a saliva sample.

"There are very serious concerns when you hear about any government agency collecting bodily fluids which is what MPI is doing," Corey Shefman, a human rights lawyer, told CBC News. "Its even more concerning when we learn that the police are participating in this somehow."

Shefman said DNA samples, like saliva, is sensitive information that needs to be protected.

"Bodily fluids ... when they're collected as part of actual surveys, academic studies, there are very strict ethical rules attached to their collection," Shefman said, adding MPI is not subject to those rules.

Michelle Falk, executive director of the Manitoba Association for Rights and Liberties, called the swab request "very unusual. She too questions how voluntary the survey is noting drivers are initially pulled over by police at a check stop.

"I've spoken to someone who did participate in the survey and they had expressed that their concerns with the privacy of the sample were not made clear at that time," she said. "And they felt very intimidated by the police presence."

Smiley assured there are "no consequences" for people who decline the survey, and "no legal consequences" for drivers who admit to drinking or using drugs.

"If drivers admit to drinking or are impaired, they will be provided with a taxi ride home and the vehicle will be towed home," Smiley said.

Falk said at minimum MPI should have put out a public awareness campaign to inform the public of the survey's intentions.

"There's a lot of ethical considerations that I don't think were taken into account when they decided to put this survey together."