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Genetics and Insurance

其他書名	Accessing and Using Private Information
出版	SSRN, 2013
URL	http://books.google.com.hk/books?id=CBfczwEACAAJ&hl=&source=gbs_api

註釋While the right to privacy is not a single concept, many disparate aspects coalesce in a basic interest all persons have in controlling the direction and content of their lives, the way in which they experience their lives, and the way in which their lives are perceived by others. This interest in self-determination, which serves important social interests, finds strong support in common and constitutional law, subject to limitations imposed in the name of a free press. Obtaining and using information about our genetic make-up implicates the right of privacy both because a deterministic view of the findings from genetic tests may undermine our exercise of self-authorship and because access by others--such as insurance companies--to such data (like access to other medical information) alters how they regard and treat us. While gene testing is unlikely to play a role in most health insurance for practical as well as principled reasons, companies issuing life insurance policies may face competitive pressures to obtain and use the results of the growing number of gene tests. Several states have taken steps to restrict insurers' ability to use genetic information in reviewing applications. It seems justifiable to prevent insurers from mandating that applicants undergo genetic screening (at least on an interim basis, when such data are of dubious actuarial significance and trench so deeply on important individual interests in privacy), but as more validated (that is, nonexperimental) gene tests become available, insurers will need to obtain and use any test results possessed by applicants.