Conceptual Quandaries about Genetic Data — A Comparative Perspective

Abstract:

Recently, several regulatory initiatives have been taken by the Council of Europe, OECD and national legislators to regulate different aspects of human genetics. However, the latest research findings and the emergence of systems biology call this approach into question as they constitute a substantial change in natural science and philosophy.

This article argues that law should take this paradigm shift into consideration and that it is not possible to perceive genetic data as exceptional and suitable for special protection. Instead, norms should be designed around notions such as 'biological' and 'predictive' data.