| Summary: | 碩士 === 東吳大學 === 法律學系 === 97 === The personal genetic information obtained from the genetic testing is related to the genetic codes of the individual and his families. It has the unique nature and influence compared with other personal data. It will be a difficult ethical, legal, and social task in the 21st century on how to properly restrict the application of genetic information for utilizing the positive benefits coming with the genetic information and limit the risks arising from the improper utilization of genetic information so as to prevent the occurrence of negative issues such as genetic discrimination.
As for the issue of protecting the genetic privacy, in addition to with the help of traditional defense rights, the obtaining and utilization of personal genetic information should be normalized with legislation on the basis of protecting the “information privacy” and “informationelles Selbstbestimmungsrecht” and with reference to the theory of international rules of human genome and human rights, so as to achieve the objective of protecting the privacy of personal genetic information.
Another important topic of the essay is on the discussion of the genetic discrimination occurring in insurance due to the improper application of genetic information. In the insurance practice, insurers have always required that proposers provide their individual medical information and family medical history as the basis of underwriting and premium calculating. In the Post-Genome Era, it concerns the balance of benefits between the genetic privacy of proposers and the selection of risk of insurers whether insurers may require proposers provide the genetic information of their own or their relatives even request the genetic testing of proposers as the basis of underwriting and premium calculating. Facing the impact of genetic science, many countries in Europe restrict the most-highest-limited of premium, it is not allowed for insurers to underwrite and calculate the premium on the basis of genetic information within the legal limitation of premium. While in the US, it is inclined to totally or partially restrict the obtaining or utilization of genetic information by insurers. On May 21, 2008, “the Genetic Information Nondiscrimination Act of 2008” was passed, which has drawn the attention of genetic science in the limelight. It will also be served as the reference for future legislation of our country.
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