Genetic data protection as an indispensable element of genomic medicine development

Abstract

The immense progress in molecular biology, observed in the last decades has led to a fundamental change in our understanding of the etiology of human diseases. The whole genome analyses, both DNA sequencing and microarray Comparative Genomic Hybridization allowed for identification of previously unidentified diseases and syndromes. Therefore, in difficult-to-diagnose cases, clinical diagnosis is being replaced by molecular diagnosis (molecular dysmorphology, genomic medicine). For both scientific development of human genetics and clinical characteristics of rare genetic diseases, the construction and sharing of internationally available large databases has become crucial. However, genetic data has to be considered on the individual level too, and therefore it has to be treated as sensitive personal data. The context of ethical and legal risks involved in genetic testing has been long analyzed, although recognition of personal data protection issues is a more recent topic. The respective legal acts and protective measures should take into account several different aspects. The paper explores major benefits and risks involved in international sharing of vast databases of genetic material and presents legal provisions applied in the European Union, the USA and China. This latter part is based on the respective acts themselves, as well as on analyses and commentaries by other scholars.