Protection of genetic data in medical genetics: a legal analysis in the European context.
This article is based in three ideas, namely: 1. All the questions in the field of "privacy" and "confidentiality" derived from genetic tests only must be taken into account if we deal with "personal data". 2. When we are dealing with personal genetic data, two aspects must be especially guaranteed: a) the freedom and autonomy of the individual; and b) the duty of secrecy in order to protect the privacy of the person. 3. Some conflicts can appear between these two aspects and we have to deal with them. The author analyses the supranational European legislation referring to this topic, according to with, genetic privacy must be guarantee. He also notes how Genetic medicine can give rise to a variety of conflicts of interests, and points out how the different legal texts object of study deal with this issue.
Romeo-Malanda
Sergio
S
Centre for Law and Genetics, Law Faculty, University of Tasmania, Hobart, Australia.
Nicol
Dianne
D
D030541:Databases, Genetic / Q000331:legislation & jurisprudence*; D005060:Europe; D030661:Genetic Privacy / Q000331:legislation & jurisprudence; D005820:Genetic Testing / Q000331:legislation & jurisprudence; D005826:Genetics, Medical / Q000331:legislation & jurisprudence*; D006801:Humans; D014342:Truth Disclosure