Study On Personal Genetic Information Privacy Protection

Genetic information is information about personal genetic conditions which is obtained through genetic testing technology. The development of genetic testing technology has brought human disease prevention and treatment and a series of welfare at the same time, and brought people some trouble. Disclosure and improper use of genetic information may cause serious consequences. So many people are under tremendous pressure. In order to prevent personal genetic information discrimination, it is necessary to take genetic information into the right of privacy protection.There has been genetic discrimination in the field of education, employment and insurance, and our privacy legislation is not yet complete. These factors above make the genetic information protection in China is not very well. Based on the practice of genetic discrimination phenomenon and the genetic plunder abroad of our country, this paper analyzes the reason why the privacy legislation is not perfect and the special nature of genetic information, draws lessons from foreign advanced legislation and system design experience, and proposes suggestions to our country of genetic information privacy legislation and system design.At present, China’s Constitution and Civil Law does not explicitly put privacy be protected as an independent personality rights, but in the judicial practice make privacy interests protection included in the scope of reputation instead. The special nature of genetic information itself is one of the reasons why genetic information protection is so difficult compared to other personal information. Protection of genetic information depends on involvement and process of public agencies. In recent years, genetic information protection has gradually expanded from private to public law, expanded from individual fields to the public domain. Based on the special nature of genetic information and the development trend, the paper makes use of advanced foreign legislative and institutional experience, and through analysis of pros and cons of the privacy of genetic information legislative of the United States and the United Kingdom, proposes suggestion that our country should establish law of "gene Privacy protection Act" as soon as possible.This paper suggests that our country should establish genetic information privacy protection supervision system on the basis of civil law. Genetic information should cover the "right to know","right to not know", and domination and exploitation rights of genetic information. Our country should establish "informed consent" principle in legislation and clearly establish the privacy of genetic information responsibility mechanism. It is not enough to protect in law, our country should also establish an external oversight body of personal genetic information with a high degree of independence, such as the British Council and bio-ethics committee of Taiwan. It not only specially formulated rules for gene information collection, storage, use, but also specifically deal with the protection of the exercise of the functions. Furthermore, it should receive complaints from victims and make an independent investigation report, make administrative processing, propose legislation, protect genetic information, conduct education of genetic information protection, etc.