GINA, Big Data, and the Future of Employee Privacy
81 Pages Posted: 17 Jul 2018 Last revised: 3 Feb 2019
Date Written: November 15, 2018
Threats to privacy abound in modern society, but individuals currently enjoy little meaningful legal protection for their privacy interests. We argue that the Genetic Information Nondiscrimination Act (GINA) offers a blueprint for preventing employers from breaching employee privacy. GINA has faced significant criticism since its enactment in 2008: commentators have dismissed the law as ill-conceived, unnecessary, and ineffective. While we concede that GINA may have failed to alleviate anxieties about medical genetic testing, we assert that it has unappreciated value as an employee-privacy statute. In the era of big data, protections for employee privacy are more pressing than protections against genetic discrimination. Instead of failed legislation, GINA could represent the future of employment law.
Keywords: GINA, Genetic, Privacy, Discrimination, Employment, Big Data, Insurance
JEL Classification: I10, I11, I12, I13, I14, I15, I18, J00, J01, J70, J71, J78, K00, K30, K31, K32
Suggested Citation: Suggested Citation