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Time to get serious about privacy policies: The special case of genetic privacy


Nicol, D and Hagger, MC and Ries, N and Liddicoat, JE, Time to get serious about privacy policies: The special case of genetic privacy, Federal Law Review, 42, (1) pp. 149-179. ISSN 0067-205X (2014) [Refereed Article]

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Genetic information is widely recognised as being particularly sensitive personal information about an individual and his or her family. This article presents an analysis of the privacy policies of Australian companies that were offering direct-to-consumer genetic testing services in 2012-13. The results of this analysis indicate that many of these companies do not comply with the Privacy Act 1988 (Cth), and will need to significantly reassess their privacy policies now that significant new amendments to the Act have come into for.ce. Whilst the Privacy Commissioner has increased powers under the new amendments, the extent to which these will mitigate the deficiencies of the current regime in relation to privacy practices of direct-to-consumer genetic testing companies remains unclear. Accordingly, it may be argued that a privacy code for the direct-to-consumer genetic testing industry would provide clearer standards. Alternatively it may be time to rethink whether a sui generis approach to protecting genetic information is warranted.

Item Details

Item Type:Refereed Article
Keywords:Patents, patent pools, collaborative mechanisms, biotechnology
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Intellectual property law
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)
UTAS Author:Hagger, MC (Ms Meredith Hagger)
UTAS Author:Liddicoat, JE (Mr John Liddicoat)
ID Code:95022
Year Published:2014
Funding Support:Australian Research Council (DP0985077)
Deposited By:Faculty of Law
Deposited On:2014-09-23
Last Modified:2018-03-08

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