The Study On The Civil Law Protection Of Genetic Privacy Right

With the development of gene-tech, the personal privacy of gene information has being infringed. It is the academic common consciousness to protect the privacy of gene with available means, but what is the most available means to protect the genetic privacy? This article try to analyze the problem and draw some distinctive conclusions.Starting from distinguishing the notion, the article researched into the extensive of"gene's information"in chapter one. With the standard of defining the privacy, the article identified all kinds of gene's information one by one, and clarified the extension of the"gene's privacy"notion.As a common means to protect the interest, does the right adapt to the genetic privacy? That's a problem that deserves our discussion. A series of incidents had taken place in 1990s in our country of our human gene resources having been defrauded. Chapter two, the right basis of the protection for the genetic privacy, integrating the series of incidents with some prevalent theories of right's essence, analyzed the problem whether we should induct right's form to protect gene's privacy or not, and made a positive conclusion.Inducting right's form to protect gene's privacy, It makes a great different effect upon right's efficiency for different right's sort to protect gene's privacy. Chapter three talked about the genetic privacy right in the scope of the civil law. First, the article concluded that the essence of the genetic privacy right should be personality right; Second, with the aid of privacy theories, the article analyzed the genetic privacy right and pointed out that the traditional theory of the right to privacy has its limitation. But the limitation of tradition right to privacy could be amended by the genetic privacy right; Third, the article also researched the notion,subject,object and elements of the genetic privacy right . Chapter four related to the civil law protection of the genetic privacy right. The focus was the introduction of American legislation and European legislation. After analyzed and compared the legislation, the article pointed out the ideal legislation pattern and function should be taken in China .Chapter five concerned about the system of the China's legislation on the genetic privacy right. The article put forward the concrete measures on how to strengthen the protection of the genetic privacy right in China currently. It is that the civil law should stipulate the genetic privacy right and authorize people to transfer or permit the others to use his genetic privacy. Then, the article examined the basic principles, exemptions and the related issues of the genetic privacy right.