Genetic Data and the Law: A Critical Perspective on Privacy Protection

2014 ◽  
Vol 22 (2) ◽  
pp. 291-295
Author(s):  
Barbara Prainsack
Author(s):  
Barbara Sandfuchs

To fight the risks caused by excessive self-disclosure especially regarding sensitive data such as genetic ones, it might be desirable to prevent certain disclosures. When doing so, regulators traditionally compel protection, for example by prohibiting the collection and/or use of genetic data even if citizens would like to share these data. This chapter provides an introduction into an alternative approach which has recently received increased scholarly attention: privacy protection by the use of nudges. Such nudges may in the future provide an alternative to compelled protection of genetic data or complement the traditional approach. This chapter first describes behavioral psychology's findings that citizens sometimes act irrational. This statement is consequently explained with the insights that these irrationalities are often predictable. Thus, a solution might be to correct them by the use of nudges.


Author(s):  
Elsa Supiot ◽  
Margo Bernelin

This chapter analyzes the European Union framing of the protection of genetic privacy in the context of the European Commission's 2012 proposal to amend the 95/46/EC Data Protection Directive. This market-driven proposal, fitting a wider European movement with regard to health-related legal framework, takes into account the challenges to privacy protection brought by rapid technological development. Although the proposal is an attempt to clarify the 1995 Data Protection Directive, including the question of genetic data, it also creates some controversial grey areas, especially concerning the extensive regulatory role to be played by the European Commission. With regard to genetic privacy, this chapter takes the opportunity to develop on this paradox, and gives an analysis of the European design on the matter.


Medicne pravo ◽  
2021 ◽  
pp. 28-40
Author(s):  
Dean M. Harris

This article addresses the privacy of medical and health data in the US. It analyzes the scope and requirements of federal and state laws in the US, and it discusses the weaknesses in the US protection of medical privacy. Then, this article explains how the weak US system of privacy protection was unable to handle many important privacy issues in the COVID-19 pandemic. Finally, the article concludes with some recommendations for action.


Author(s):  
Melvin A. Eisenberg

Foundational Principles of Contract Law is similar to a hornbook—that is, a one-volume treatise on a given legal subject that is intended primarily for law-school students—in length, but differs from a hornbook in two critical respect. First, hornbooks are primarily devoted to setting out the principles and rules of a given legal subject, with some attention to the rationale of those principles and rules, only occasional attention to critiquing those principles and rules, and little or no attention to considering whether those principles and rules should be modified or replaced. In contrast, while Foundational Principles sets out the principles and rules of contract law it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of Foundational Principles is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Second, Foundational Principles is intended for all members of the profession—law-school students, judges, practicing lawyers, and academics—and more generally for all persons interested in the law, including students in pre-law courses and members of the public.


Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.


2021 ◽  
pp. 096466392199969
Author(s):  
Mauro Cristeche ◽  
Cesar Villena

Oscar Correas has been one of the promoters and main references of the Crítica Jurídica movement in Latin America due to his theoretical contributions and his permanent activism to develop the movement. In this paper, we firstly review his vast academic and intellectual career, and then we go through and analyse some of Correas’s main contributions to the study of the law and the Marxist thought. Special focus will be given to: (a) his approach to Marx’s works and its extension to the analysis of modern law; (b) his understanding of Hans Kelsen’s theory; and (c) Correas’s critical contributions to the debate on human rights. We aim to highlight the originality and wit of Oscar Correas’s work, and its importance for the development of the legal critical studies and debates on legal and human rights challenges from a critical perspective.


Author(s):  
Elsa Supiot ◽  
Margo Bernelin

This chapter analyzes the European Union framing of the protection of genetic privacy in the context of the European Commission's 2012 proposal to amend the 95/46/EC Data Protection Directive. This market-driven proposal, fitting a wider European movement with regard to health-related legal framework, takes into account the challenges to privacy protection brought by rapid technological development. Although the proposal is an attempt to clarify the 1995 Data Protection Directive, including the question of genetic data, it also creates some controversial grey areas, especially concerning the extensive regulatory role to be played by the European Commission. With regard to genetic privacy, this chapter takes the opportunity to develop on this paradox, and gives an analysis of the European design on the matter.


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