Research On The Conflict Of Genetic Privacy And The Duty Of Disclosure Of Insurant

As a traditional, unique and innate system in the insurance law, the duty of disclosure is the prerequisite and basis of running the insurance industry. In fact the insurance industry would have never developed stably and smoothly without the sound construction of the system of the duty of disclosure. However, the duty of disclosure itself has long been a complex rule both in the theoretical research and in practice. With the development of modern bio-tech, a new question is brought to us, the Genetic Privacy. The right of Genetic Privacy is a special right of privacy. It impacts not only subject of itself, but also impact interrelated subject. The author's opinion is that we must weight the value of Genetic Privacy itself as well as the value of Genetic Privacy's influence. One hand Insurers expect to collect the Genetic Information of Insurant as much as possible, the other hand, Insurants want to uphold their Genetic Privacy, result as the conflict of interests. In order to do the research of genetic infomation in the field of insurance, one needs to go deep into the insurance policies to test the justice regulations of solving genetic discrimination on the spot. The insurance industry is based on the actuarially equity. Classification of risks and application of different insurance fee rate to different risk carriers is the inherent operating fundamental of the insurance policies. Genetic information is the request as well as outcome of this fundamental. It is not substantially distinguished from the traditional age and gender based fee collecting method. Under the precondition of respecting the existing fundamental, using genetic information is considered reasonable following a particular aspects Balance has taken the place of conflict between insurance and privacy, but the balance was some inclined by the coming forth of genetic privacy. In the interest of solving the conflict, it is not advisable just to ban the use of genetic information . By doing so will only distort the free will fundamental of commercial insurance, and even, social insurance will take the place of commercial insurance. It is also lack of theoretic and realistic foundations to do so. Meanwhile, we shouldn't expect commercial insurance to bear the same responsibilities as social insurance since this may cause a new inequity. The justice regulations for solving the conflict in the field of insurance should be: Allow insurance companies to carry out reasonable genetic information of disclosure and the State should take in hand the responsibilities of social insurance to help the carriers.