toward a relatively small group of the
population, the limits of the 4
specifically defined by the judiciary.
to a point where every individual's genome
will reveal vulnerability to some health
problem. Obviously, some vulnerabilities
will be more serious than others. Needless
to say, the advancements in the use of that
information, both beneficial and exploitive,
will keep pace with the science of genetics
itself.
The current legal protections against
genetic discrimination are fairly narrow.
On the federal level, there is the Genetic
Information Nondisclosure Act (GINA),
42 USC Section 2000ff-1. However, that
statute only prohibits discrimination in
the context of employment and health
insurance. There are notable exceptions
to both categories. In the context of
employment, GINA does not apply to
employers with less than 15 employees or
the U.S. military. In the context of health
insurance, it does not apply to individuals
who receive health care through the
Veterans Administration or the Indian
Health Service.
Some states offer broader legal
protections against genetic discrimination.
For example, California protects genetic
information from discrimination in housing
accommodations, as well as employment
(Cal Gov Code Section 12920).
Thus, there remain many areas
where genetic discrimination is largely
unchecked. One of the most notable
areas is life insurance. In the event of an
untimely death, life insurance is used not
living expenses or cover outstanding
debts, but also to pay for funeral and
burial costs that can easily run into the
tens of thousands. There are currently no
legal safeguards to ensure individuals are
not discriminated against based on their
genetic information regarding this common
place benefit.
out your DNA to sites like Ancestry.com
and 23andMe, a closer look at the terms
and conditions for companies like these
may make you think twice. One potentially
frightening reality the terms and
conditions when sending out your DNA
are often broad, with testing companies
claiming ownership of your DNA sample
and the analytical information they obtain
from it, or in the alternative, claiming
full rights to transfer, process, analyze or
communicate your genetic information
to others for research and/or product
development.
procured a patent (with exclusionary rights)
for "Polymorphisms Associated With
Parkinson's Disease" stemming from the
data it had aggregated from its customers.
Information
inexpensive ways to analyze DNA, more
concerns are raised about what is known
as "abandoned DNA" (like the DNA on
the tissue you throw away after you blow
your nose).
in causing mischief could potentially
collect your abandoned DNA and have it
analyzed for sensitive personal information,
or to reveal paternity. Not likely to happen,
you say? Well, this was the case for one
multi-millionaire Hollywood producer,
Steve Bing, whose DNA was obtained from
dental floss stolen from his trash and used
to prove paternity by a former lover.
concerns is directed to computers, or other
electronic devices, and the data they store
as a consequence of human interaction.
However, as set forth in this article,
innovation in the extraction, analysis and
storage of specific genetic information may
be even more consequential. Complete
privacy of genetic information may have
been left behind in the 20
dna.html (article dated June 16, 2013); see also Identifying
Personal Genomes by Surname Inference, by Yaniv Erlich
et al., http://science.sciencemag.org/content/339/6117/321
(article dated January 18, 2013)
dna.html (article dated June 16, 2013).
dna.html (article dated June 16, 2013).
8 Id.
9 Id.
10 What DNA Testing Companies' Terrifying Privacy Policies
companies-terrifying-privacy-policies-1819158337
endowments/
your-garbage-for-grabs/sU12MtVLkoypL1qu2iF6IL/
story.html