Review article
https://doi.org/10.25234/pv/14875
THE CHALLANGES OF REGULATING THE USE OF PERSONAL DATA FROM GENETIC TESTS FOR INSURANCE PURPOSES
Maja Bukovac Puvača
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia
Loris Bealnić
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia
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.
Keywords
insurance; genetic screening; personal data; comparative law; the European Union; General Data Protection Regulation
Hrčak ID:
269534
URI
Publication date:
29.12.2021.
Visits: 742 *