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Protection of Genetic Data in Medical Genetics: A Legal Analysis in the European Context


Nicol, D and Romeo-Malanda, S, Protection of Genetic Data in Medical Genetics: A Legal Analysis in the European Context, Law and the Human Genome Review, 27, (July-December 2007) pp. 97-134. ISSN 1134-7708 (2007) [Refereed Article]


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.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Nicol, D (Professor Dianne Nicol)
ID Code:52956
Year Published:2007
Deposited By:Law
Deposited On:2008-10-16
Last Modified:2010-03-15

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