Study In The Right Of Self-determination About Personal Genetic Information

Someone has said that the20th century is the era of information, in the21st century is the age of genes. With the rapid development of social economy, the progress of science and technology, the importance of the genetic information became apparent, greatly improved the social productive forces, but at the same time also brought new social crisis, a new type of tort. Due to the not mature legislative and judicial experience, these new types of infringement, especially on genetic information generated by the infringement behavior in the forming stage, a lot of knowledge about this point is still in the fuzzy stage, problems arising from the real life and created serious disconnect between legislative and judicial level, thus formed by the rights about personal gene information research has become an important issue in the legislation and judicial practice.As is known to all, our country has not yet formed the personal information protection act. But with the continuous development of social economy, science and technology with each passing day, the importance of personal genetic information revealed increasingly highlight, as a result, the personal genetic information to self-determination for the protection of individual genetic information and comprehensive adjustment has an extremely important role.After entering the sixties of the20th century, with the continuous development of genetic information technology, genetic information collection, storage, transfer and utilization of more and more frequent, which makes the information main body rights are violated the possibility of greater and greater. Therefore, in the traditional sense has a negative and passive privacy concept has been appear too narrow, it is difficult to adapt to the needs of social development. It is in this historical background, the theory of so-called "personal genetic information self-determination" conform to social development needs, according to this theory, the so-called personal genetic information self-determination is refers to the individual the freedom to decide when and in what way, at what point to others with his claims about the genetic information. Embodied in right subject for information related to your collection, storage, dissemination, modification, such as enjoyed by the decision, according to their own will to engage in certain activities that has nothing to do with the public interest and free from illegal interference of personal liberty, the private sector is inviolable rights and rights main body according to his will in accordance with the use of genetic information is engaged in the various activities associated with their power to meet their own needs.