MEDICAL DATA PROTECTION IN RELATION TO HUMAN GENETIC DISCRIMINATION

Abstract

Information about a person's genetic status can lead to discrimination by excluding the person from particular jobs (for which a particular genetic trait might indicate a risk) or from health insurance (because of foreseeable increased health care costs that might be indicated by a person’s genetic status). Genetic information has characteristics that set it apart from other types of personal information. Genetic testing produces information and data on the current or future health or (more generally) physical status of a person. This information can be used for nonmedical purposes, such as insurance and employment purposes. Insurers might wish to use a genetic test result for underwriting, just as other medical or family history data. Employers might wish to ensure that an individual does not have a genetic risk which might affect his ability to work or which might lead to problems of safety to the individual or to others.Clearly there is a need for strong laws backed up by wellexecuted policies and procedures to prevent unauthorized genetic testing of people or of access to their genetic information, wherever it may exist, in patient records or computer databases.

Keywords

• employers
• insurers
• medical information
• genetic testing
• confidentiality