title: Definitions of genetic testing in European legal documents.
abstract: The definition of "genetic testing" is not a simple matter, and the term is often used with different meanings. The purpose of this work was the collection and analysis of European (and other) legislation and policy instruments regarding genetic testing, to scrutinise the definitions of genetic testing therewith contained the following: 60 legal documents were identified and examined-55 national and five international ones. Documents were analysed for the type (context) of testing and the material tested and compared by legal fields (privacy and confidentiality, data protection, biobanks, insurance and labour law, forensic medicine); some instruments are very complex and deal with various legal fields at the same time. There was no standard for the definitions used, and different approaches were identified (from wide general, to some very specific and technically based). Often, legal documents did not contain any definitions, and many did not distinguish between genetic testing and genetic information. Genetic testing was more often defined in non-binding legal documents than in binding ones. Definitions are core elements of legal documents, and their accuracy and harmonisation (particularly within a particular legal field) is critical, not to compromise their enforcement. We believe to have gathered now the evidence for adopting the much needed differentiation between (a) "clinical genetics testing", (b) "genetics laboratory-based genetic testing" and (c) "genetic information", as proposed before.
authors.affiliation: Institute for Molecular and Cell Biology (IBMC), University of Porto, R. Campo Alegre 823, 4150-180, Porto, Portugal.
authors.forename: Orsolya
authors.initials: O
authors.lastname: Varga
authors.forename: Sirpa
authors.initials: S
authors.lastname: Soini
authors.forename: Helena
authors.initials: H
authors.lastname: Kääriäinen
authors.forename: Jean-Jacques
authors.initials: JJ
authors.lastname: Cassiman
authors.forename: Irmgard
authors.initials: I
authors.lastname: Nippert
authors.forename: Wolf
authors.initials: W
authors.lastname: Rogowski
authors.forename: Herman
authors.initials: H
authors.lastname: Nys
authors.forename: Ulf
authors.initials: U
authors.lastname: Kristoffersson
authors.forename: Jörg
authors.initials: J
authors.lastname: Schmidtke
authors.forename: Jorge
authors.initials: J
authors.lastname: Sequeiros