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Problems related to genome analysis from the perspective of human rights

Author:
Issue 1998/5
Pg 222-226

Summary


On the eve of the 21st century, it has become evident that a medical record, seemingly harmless, may turn into a weapon against a person. Evolution of the analysis of genomes helps to reveal secrets of the predestined lives of persons. In such a situation, the duty of the legislator is to protect the privacy of persons.
The Convention for the Protection of Human Rights and Dignity With Regard to the Application of Biology and Medicine, signed on 4 April 1997 by 20 European states, is an important step forward in the protection of privacy. The Convention provides for the supremacy of people: the interests and well-being of people prevail over social and scientific interests. The Convention also prescribes cases where research into humans is permitted. Estonia has also signed the Convention.
In Estonia, issues related to the analysis of genomes are indirectly regulated by the Personal Data Protection Act. However, the author is of the opinion that Estonia needs an Act to regulate genetic personal data. Finally, the author explains the scope of application of such Act.

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