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. 2012 Jan 26;3(2):125–141. doi: 10.1007/s12687-012-0077-1

Table 2.

Characteristics of the definitions of genetic testing in different legal fields (scope)

Legal Field
Main features Labour and/or insurance law Privacy and confidentiality/data protection and law on biobanks Health care law Forensics (criminal/civil) and family law Complex laws
Specificities Specific genetic mutations and susceptibilities, incl. exposure to work environment or increased future disease risk, stratification of risks and actuarial activity Protection of patient and human rights, non-disclosure of genetic information without informed consent Diagnosis, treatment, prevention, genetic counselling, quality assurance, population screening, clinical research or research applied to human disease Civil and criminal identification, identify human bodies/remains, parenthood or kinship Various and very general
Explicit exclusions Potential danger to others or public health Reporting results from research biobanks without prior consent/policy Research without informed consent in diagnostic samples Use of potentially diagnostic information Various
Target group of genetic testing Employees and candidates to employment or life/health insurance Human volunteers, general population Affected patients, persons at risk, population at large Suspected or actual criminal offenders, convicts, missing persons, general population, disputed paternity Health related
Example USA: Executive Order to Prohibit Discrimination in Federal Employment Based on Genetic Information Portugal: Personal Genetic Information and Health Information Law Australia: Genetic Testing—Guidelines for Prioritizing Genetic Tests Slovakia: Act on the Application of DNA for the Identification of Persons CoE: “Oviedo Convention” and Additional Protocol Concerning Genetic Testing Related to Health