Abstract

This article examines the regulation of forensic DNA databases across six jurisdictions: Algeria, Botswana, Canada, Mauritius, South Africa, and the United Kingdom, through a functional comparative framework directed at a South African constitutional question. It evaluates how different systems structure inclusion, retention, oversight, and permissible use of genetic information, and assesses their consistency with principles of legality, privacy, dignity, equality, and proportionality. While several jurisdictions provide more differentiated and rights-sensitive models, it is apparent that no system resolves the constitutional tensions inherent in forensic databasing. The comparative material is used to identify concrete regulatory implications for the National Forensic DNA Database of South Africa, particularly regarding non-convicted persons, retention discipline, purpose limitation, and institutional accountability. Constitutional compliance is not a product of statutory volume, but of principled differentiation and enforceable oversight.