The Protection Of Personal Genetic Information

In the field of gene sequencing,the next generation sequencing technology has matured.With domestic sequencing technology achieving maj or breakthroughs and the cost of sequencing falling rapidly,genetic testing has attracted the attention of consumers.Consumer genetic testing has attracted a large number of consumers because of the convenient access and relatively low cost,which could assemble a large quantity of the genetic information derived from users On the one hand,people can master their own health status by distinguishing from traditional medical behaviors;on the other hand,the large collection of genetic information of persons by genetic testing providers has produced much benefits.How to ensure the appropriate collection,storage and utilization of personal genetic information and how to settle complaints between different entities have become a biggest challenge genetic information facing in the era of big data.Under the current legal framework and the "Civil Code of the People's Republic of China(Draft)",I evaluate the privacy policies of Direct-to-consumer genetic testing companies and then come up with legal proposals.This paper consists of four chapters excluding from introduction and conclusion.Chapter ? analyses the practical need of genetic information protection combined with typical cases through the biological features of genes,the development and utilization of genetic technology.Then it summarizes the domestic and foreign academic discussions on the legal protection of personal genetic information finding three modes of genetic information protection:personality,property and compound types.Chapter ? compares the legislative experience of the civil law system and the common law system.Then,based on China's current legal framework and the "Civil Code of the People's Republic of China(Draft)",it interprets the protection of personal genetic information in China concluding that it is difficult for the current legal framework to protect personal genetic information effectively in China.Chapter ? provides a comparison of the privacy policies of representative DTC genetic testing companies as a necessary example for analyzing the limitations of traditional informed consent.Under that,personal genetic information confronts the disclosure,illegal exploitation and overlook of individuality property interests in the absence of a comprehensive legal system.Chapter ? joining the fruits of the above three chapters,recommends to incorporate personal genetic information into personal information directly in the Civil Code and to provide a stricter protection and review the traditional informed consent system promoting establishing an independent supervisory authority to enhance post-regulation.