GINA, Big Data, and the Future of Employee Privacy

95 Pages Posted: 17 Jul 2018 Last revised: 15 Nov 2018

See all articles by Bradley A. Areheart

Bradley A. Areheart

University of Tennessee College of Law

Jessica L. Roberts

University of Houston Law Center

Date Written: November 15, 2018

Abstract

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

Areheart, Bradley A. and Roberts, Jessica L., GINA, Big Data, and the Future of Employee Privacy (November 15, 2018). 128 Yale Law Journal (2019 Forthcoming); University of Tennessee Legal Studies Research Paper No. 356; U of Houston Law Center Forthcoming. Available at SSRN: https://ssrn.com/abstract=3214163

Bradley A. Areheart (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

Jessica L. Roberts

University of Houston Law Center ( email )

Houston, TX 77204
United States

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