Volume 5, Issue 16 (Spring 2011)                   MLJ 2011, 5(16): 89-113 | Back to browse issues page

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Ahmadi M, Motevalizade Ardekani A. Conflict and Balance in Keeping Privacy and Disclosure of Patients’ Genetic Informations. MLJ. 2011; 5 (16) :89-113
URL: http://ijmedicallaw.ir/article-1-490-en.html
Abstract:  

The emergence of new genetic techniques in the area of preventation, diagnosis and treatment of diseases is expected to bring many challenges in regulating relationships and appropriate legislation to protect the patients’ right. The widespread use of genetic information in improving individual and public health, regarding to its special traits with potential for different interpretations and sensitive and effective outcomes in the future of a patient, his family and the society, simultaneous with keeping patient’s privacy, as a fundamental right which originates from the concept of human dignity, is one of those challenges. The possible utilization of patient’s genetic information in the areas other than therapy and health e.g. employment, provision of insurance contracts (life or health styles), public medical researches as well as in the process of judicial trials, makes it possible to misuse genetic information and raises the fear of change in treatment space into commercial one and ultimately makes genetic privacy as a serious issue in the present societies. With remark to the necessity of patient’s privacy as well as the need of rational and reasonable disclosure of genetic information, we will discuss about the establishment of a balance between private and public interest as well as among different beneficiaries; then the necessity of appropriate legislation and determination of specific criteria, with regard to public education will be emphasized to achieve the goal of patients’ genetic privacy.


Received: 2010/12/16 | Accepted: 2011/01/8

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