Genetic Privacy and Confidentiality: Why They Are So Hard to Protect

7 Pages Posted: 12 Feb 2010 Last revised: 19 Feb 2014

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Date Written: September 1, 1998

Abstract

Genetic privacy and confidentiality have both intrinsic and consequential value. Although general agreement exists about the need to protect privacy and confidentiality in the abstract, most of the concern has focused on preventing the harmful uses of this sensitive information. I hope to demonstrate in this article that the reason why genetic privacy and confidentiality are so difficult to protect is that any effort to protect them inevitably implicates broader and extremely contentious issues, such as the right of access to health care. Moreover, the tentitave legislative and policy steps undertaken and propsosed thus far have been, for the most part, misguided, simplistic, and ineffective.

Keywords: Privacy, confidentiality, genetics, health insurance, life insurance, long-term insurance, employment discrimination, american with disabilities act, ADA

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A., Genetic Privacy and Confidentiality: Why They Are So Hard to Protect (September 1, 1998). Journal of Law, Medicine and Ethics, Vol. 26, No. 3, 1998. Available at SSRN: https://ssrn.com/abstract=1551287

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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