Is My DNA (and to an lesser extent other health information) Private property?

Bankruptcy and Debt 5 views 3 answers
As an Christian, It is against my morals and ethics for other people to own something which our Creator bestowed upon us, the thought that someone has my own DNA information and can reduce me to an sequence of data-points is very scary. I was wondering what the legal opinion is on this and steps I could take if my DNA information was in the wrong hands.

Attorney Answers

3
Girard Michael KellyInternet LawyerOakland, CA ·
In general, your DNA or genetic related medical information is protected from falling into the wrong hands by several Federal and State Laws. Legal issues surrounding your DNA fall under Biotechnology law, which is a very complex and evolving area of the law. I recommend you seek legal counsel to ensure all your rights are protected. For example, the Health Insurance Portability and Accountability Act (HIPAA) protects how your medical information is shared with others, and more specifically the Genetic Information Nondiscrimination Act protects you against discrimination based on your DNA or genetic information.
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Elmer Robert Keach IIICivil Rights AttorneyAlbany, NY ·
It really depends on who has it, and how it is used. If the government somehow obtains your medical records without authorization, you would have a compelling civil rights claim for the violation of your right to privacy. If a medical provider has your dna, and does genetic testing with your consent, you would not have a claim. I think it is unlikely that someone has collected your dna unless you have been convicted of a crime. Many crimes in New York require dna collection, with the information stored in a state database.
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