Korišćenje genetskih podataka u pravu osiguranja

Abstract

The decreasing costs of conducting genetic testing and obtaining genetic data once again put focus on their usage by insurance companies. In this regard, two issues are important from the perspective of insurance law. The first question is the extent of the obligation of the insured to report the information obtained during the genetic tests as part of his duty of disclosure. Another issue is the right of insurers to require future policyholders to undergo genetic testing, which may contribute to information asymmetry between policyholders and policyholders.Bothmatters lead to a broader issue, which must also be considered from the point of view of human rights, and that is whether insurance companies discriminate their policyholder by using this data. One inevitability characterizes insurance law, and that is the classification of the insured into different groups aaccording to the probability of realization of the insured risk. Depending on that classification, insurers make decisions about whether they want to conclude an insurance contract with a potential insured or not, how much coverage they will offer and how much premium they will claim. It is therefore clear that there may be discrepancies between what the insured considers fair and what is actuarially fair and justified to the insurer. Many US states and European countries have passed legislation banning genetic discrimination in insurance law. The paper will be dedicated to the analysis of their efficiency, as well as whether they take into account the nature of insurance and what consequences it has on access to health care.