유전정보의 상업적 이용과 개인정보 보호

초록

Personal genetic data, widely understood, often give rise to legal disputes at every step of collection, management and use, as regards consumer protection, personal information and genetic-data-specific problems. We can classify the use of such data into two main purposes: medical-scholarly and others. The latter can be furthermore differentiated: directly and indirectly commercial use and non-commercial use. This article aims to review legal problems that could possibly result from any commercial use of personal genetic data. Above all, re-examined are one by one the existing theories concerned with medical-scholarly use: principle of informed consent, balance between confidentiality duty and right to information/ignorance, genetic privacy, moral interests of donors and feedback to them, etc.). Then, sequently scrutinized are the property issue in directly commercial use and the anti-discrimination policy in indirectly commercial use such as for insurance or employment. Lastly, stressed is the genetic solidarity and altruism as the second principle for supplementing the first principle of respect for persons.

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