As we walk along we shed DNA. It's just a matter of time and sampling will be so totally inobtrusive folks aren't even aware it's being taken.
The whole question falls over there in the same area of law as taking pictures, or an officer on his beat looking in a window and seeing a murder take place.
But all is not lost. Stealth technology is very close to allowing you to walk about the streets totally invisible to anyone! A rubber suit and breathing apparatus will allow you to protect your precious DNA legacy as well.
It's not that Scalia is right or wrong, or that the Leftwingtards on the court have evil motives ~ which they do, rather science, and applications engineering are making much of what we believe to be true totally irrelevant.
Then, there's that recent discovery that we have a FIFTH DIMENSION ~ and that's going to really screw everybody up.
That may have had something to do with the allegations that he was the father of a boy by a black hooker in Little Rock.
You are right. The genie us out of the bottle. DNA is getting cheaper to analyze, and private databases will spring up even if the government is somehow restrained. Privacy and anonymity are dead.