Problems of the legal status and legality of the selection of a person's genomic information

Abstract

Introduction. The selection of human genetic traits is a fairly common practical tool that can be used for a variety of purposes. The relevant activity can be implemented in the judicial and procedural, forensic context, in particular with regard to identification, confirmation of certain facts, establishment of individual ownership or identity of biological material to one or another person. In addition, the topic of taking a person's genetic information becomes especially relevant in the conditions of martial law. Appropriate active use of registered genomic information about a natural person as personal data outlines the conceptual issues of normative framing of the legal status of such information. In addition, the issue of criteria for the legality of keeping and using this information requires separate clarification. The purpose of the paper is to carry out an analysis of the regulatory plane on the subject of legal regulation of the legal status of the genomic information of a physical person, as well as guarantees of its protection, and on the basis of this, to single out the criteria for the legality of the use of a person's genetic information. Results. A comprehensive analysis of the issues of the legal status of the "genomic information of a person" was carried out, as well as guarantees of the legality of its selection. Based on the study of multilateral international legal acts, as well as the national legislative plane, domestic and foreign approaches to understanding the definition of a person's genetic data were emphasized. The interpretation of the status of genetic information in the context of the legislation on personal data was carried out. In this aspect, a categorization of the legal status of the relevant data is formed, which is very important in relation to the further protection of such data and the formation of criteria for the legality of their use. The criteria and guarantees of legality of selection of genetic information in accordance with the Law "On State Registration of Human Genomic Information" are described. Conclusions. A proposal has been submitted regarding the normative framing of the legal concept of "genetic information of a person" into the category of bio-genetic data of a person. It has been established that the legislator has implemented certain legality criteria that legitimize the selection of genetic information, as well as some guarantees of genetic data protection.