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On The Civil Prevention Of The Genetic Information Privacy

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:G HuangFull Text:PDF
GTID:2166360185487011Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The genetic information refers to individual genetic conditions that are obtained through genetic testing and the results of that. The genetic technology development can cause it to be extremely convenient to gain individual genetic information. Genetic information is available for disease diagnosis and prevention. However, the weak protection of genetic information may cause genetic discrimination. In order to guard against genetic discrimination, it is necessary to study whether protecting genetic information and the right of privacy is available or not.The object of the right of privacy has been extended to all personal information. Personal information covers not only the secret but a wide field. At the same time, the capacity of the information privacy is not restricted in the pure passive defense, but also the positive utilization of such information. The genetic information is a special kind of personal information. It conforms to the privacy characteristic and belongs to the object of the right of privacy. The capacity of the genetic information privacy includes: the right to know the genetic information of oneself, the right "not to know" the genetic information of oneself, the right to keep the gene information of oneself in secret, the right to utilize the gene information of oneself, and so on. Some international organizations and countries have carried out legislation to protect the privacy of genetic information. Among these legislations, "informed consent" is the general rule. In some specific situations, the genetic information privacy and the power may conflict. We should construct the corresponding handling mechanism of this conflict. Regarding the common genetic information privacy of the family member, the genetic information of a person with limited capacity for civil conduct, a person having no capacity for civil...
Keywords/Search Tags:genetic information, personal information, the right of privacy, protection by civil law
PDF Full Text Request
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