Genetic Privacy: A Challenge to Medico-Legal Norms.
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Launched in 1990, the Human Genome Project (HGP), an ambitious, international, federally funded project to map and sequence all human genes, has rapidly expanded our genetic knowledge. Not only does the HGP promise to arm physicians with impressive diagnostic tools, its ultimate target is radical improvement in therapeutic and preventive interventions in a new era of genetic medicine. At the same time, however, the genetic revolution poses momentous ethical, legal, and social questions. During the past decade, a substantial--and unresolved--discourse has emerged about such matters as genetic privacy, genetic discrimination, research with stored tissue samples, ownership of genetic material and information, gene patenting, and the genomic challenge to time-honored concepts of health and disease.
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This paper examines the privacy of genetic information and the laws in the United States designed to protect genetic privacy. While all 50 states have laws protecting the privacy of health information, there are many states that have additional laws that carve out additional protections specifically for genetic information. The majority of the individual states have enacted legislation to protect individuals from discrimination on the basis of genetic information, and most of this legislation also has provisions to protect the privacy of genetic information. On the Federal level, there has been no antidiscrimination or genetic privacy legislation. Secretary Donna Shalala of the Department of Health and Human Services has issued proposed regulations to protect the privacy of individually identifiable health information. These regulations encompass individually identifiable health information and do not make specific provisions for genetic information. The variety of laws regarding genetic privacy, some found in statutes to protect health information and some found in statutes to prevent genetic discrimination, presents challenges to those charged with administering and executing these laws.
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Genetic identification tests -- better known as DNA profiling -- currently allow criminal investigators to connect suspects to physical samples retrieved from a victim or the scene of a crime. A controversial yet acclaimed expansion of DNA analysis is the creation of a massive databank of genetic codes. This Note explores the privacy concerns arising out of the collection and retention of extremely personal information in a central database. The potential for unauthorized access by those not investigating a particular crime compels the implementation of national standards and stringent security measures.
Genetic and other medical technology makes blood, human tissue and other bodily samples an immediate and accessible source of comprehensive personal and health information about individuals. Yet, unlike medical records, bodily samples are not subject to effective privacy protection or other regulation to ensure that individuals have rights to control the collection, use and transfer of such samples. This article examines the existing coverage of privacy legislation, arguments in favour of baseline protection for bodily samples as sources of information and possible approaches to new regulation protecting individual privacy rights in bodily samples.
From the right to privacy there derives a right to genetic privacy to protect individuals from some of the potential threats that may arise with respect to advances in Biology. Here we look at the basis for the proposed concept of the right to genetic privacy and examine issues concerning the legal nature, the active and passive subjects, the limitations and guarantees of this right.
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The genetic revolution has spawned 4 distinct issues of universal importance to health care policy and society: genetic privacy, regulation and standardization of genetic tests, gene patenting, and education. Adequate policy advancements for these 4 areas are lacking. Stringent controls must be placed on individual health records to prevent their misuse. Genetic testing within the clinical setting should undergo thorough evaluation before it is implemented. Regulations are needed to prevent the monopolization of DNA sequences. Society and health care professionals must be educated about the scope of genetic testing because current trends indicate that genetic and molecular assessments are destined to become a routine component of health care.
Genetic research is revolutionizing healthcare by predicting diseases and revealing cures. At the same time, the information presents new challenges to HIM professionals charged with keeping this vital data from the wrong hands. Here's a look at the role genetic information is playing in healthcare and what you need to know about keeping it private.
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