IZAZOVI PRAVNOG UREĐENJA UPOTREBE OSOBNIH PODATAKA IZ GENSKIH TESTOVA U SVRHU OSIGURANJA
THE CHALLENGES OF REGULATING THE USE OF PERSONAL DATA FROM GENETIC TESTS FOR INSURANCE PURPOSES
Author(s): Maja Bukovac Puvača, Loris BelanićSubject(s): International Law, Health and medicine and law, EU-Legislation, Comparative Law
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: insurance; genetic screening; personal data; comparative law; the European Union; General Data Protection Regulation;
Summary/Abstract: The paper deals with the issue of using genetic tests for insurance purposes. After introductory remarks, the paper provides an overview of various international and European legal sources both on data protection in general, and on the protection of data from genetic tests. The paper then researches into different solutions proposed by comparative law concerning the use of data from genetic tests for insurance purposes. Some solutions explicitly ban the use of genetic tests for insurance purposes (France, Austria, Portugal, Croatia), while others adopt a more liberal approach, allowing for its use (the USA, the UK, Germany). It is concluded that personal data protection does not exclude the possibility using data from genetic tests for insurance purposes, which proves the need for a common EU approach to the issue.
- Issue Year: 37/2021
- Issue No: 3-4
- Page Range: 149-170
- Page Count: 22
- Language: Croatian