Genetic discrimination and protection of personal genetic data: Adapting legal standards to advances in genetics

Abstract

Abstract Genetics has advanced to the point where genetic data on an individual could mark them as predisposed to hereditary illness or unsuitable for certain kinds of jobs. There is widespread apprehension that workers with ‘problematic’ genetics will be singled out by employers and insurance companies for treatment as second-class citizens with restrictions placed on their rights. The article takes up the legal issues involved in defining the concept of genetic data, in regulating genetic information as a type of personal information, and in applying genetic antidiscrimination laws in various countries. Legal restraints on genetic information must be more extensive than on other personal information about a worker because genetic data has implications for their biological relatives. Protection against genetic discrimination must therefore begin with barring employers from collecting genetic information on workers unless it is necessary to prevent hazards to people’s lives or health.