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Published on: April 4, 2018
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THE GENETIC INFORMATION NONDISCRIMINATION ACT AT AGE 10: GINA'S CONTROVERSIAL ASSERTION THAT DATA TRANSPARENCY
1Center for Biotechnology & Law, University of Houston Law Center; Cullen College of Engineering, University of Houston.
Summary
The Genetic Information Nondiscrimination Act (GINA) faces criticism for ineffective protections against genetic data misuse. This article examines GINA
Area of Science:
- Genomic Data Privacy
- Bioethics
- Civil Rights Law
Background:
- The genomic testing industry relies on data transparency for research and regulation.
- Sharing genetic information offers social benefits but poses risks to civil rights.
- The Genetic Information Nondiscrimination Act (GINA) has faced criticism for its ineffectual protections.
Purpose of the Study:
- To analyze the controversy surrounding GINA's provisions on accessing stored genetic information.
- To trace the historical basis for individuals accessing their genetic data.
- To explore resolutions for the ongoing debate on genetic data transparency and privacy.
Main Methods:
- Historical analysis of data transparency assertions.
- Examination of GINA's legislative history and impact.
- Review of ethical and legal scholarship on genetic information.
Main Results:
- GINA's protections are criticized as insufficient against genetic discrimination.
- A core controversy involves individuals' access to their own genetic data held by third parties.
- Genomic advancements are increasing the potential for harm from data misuse.
Conclusions:
- Resolving the controversy over genetic data access is crucial.
- GINA's effectiveness is challenged as genomic predictive power grows.
- Urgent attention is needed to prevent discriminatory uses of genetic information.
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