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Legal Challenges Of DNA Privacy And Genetic Protection




Shreya Mahapatra, Maharashtra National Law University (MNLU), Chhatrapati Sambhajinagar (Aurangabad)


ABSTRACT


The unique characteristics of genetic data, the shortcomings of the privacy frameworks in place, and the pressing need for new laws to stop abuse and prejudice are all examined in the legal difficulties of DNA privacy and genetic protection. It draws attention to the conflict between advancing advantageous genetic research and protecting the privacy of individuals and families. Genetic data is unique in that it provides extremely intimate information about a person's health, ancestry, and potential future predispositions. It is impossible to completely anonymize a person's DNA, and the information is useful for many generations. Additionally, the genetic data of a single person can disclose information about their whole biological family, posing "relational" privacy problems that go against conventional consent models. Limitations of informed consent, it can be difficult to obtain fully informed permission for genetic testing and data sharing. Since new findings may uncover health information that was not immediately obvious, the average individual might not completely understand the implications of their agreement, particularly with regard to future or secondary uses of their data. Data breaches and vulnerabilities: Whether in private direct-to- consumer (DTC), government, or medical settings, DNA data is susceptible to security breaches due to its vast database storage. When de-identified genetic data is combined with publicly accessible information, like that found on genealogical websites, it can occasionally be re-identified, jeopardizing privacy. The research article caters the legal challenges in protecting DNA privacy and regulating genetic protection.


Keywords: Genetic data, DNA privacy, Genomic data security, Genetic discrimination, Data breaches.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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