Genetic Data and the Law: A Critical Perspective on Privacy by Mark Taylor

By Mark Taylor

Study utilizing genetic facts increases a variety of matters in terms of privateness security. lots of those matters may also practice to investigate that makes use of different own information, yet now not with an identical implications for failure. The norms of exclusivity linked to a personal lifestyles transcend the present criminal proposal of non-public information to incorporate genetic facts that pertains to a number of identifiable contributors at the same time and nameless facts which may be linked to any variety of participants in several, yet quite foreseeable, contexts. it's the probabilities and implications of organization which are major, and those probabilities can in basic terms be assessed if one considers the interpretive power of information. they're neglected if one fixates upon its interpretive pedigree or misunderstands the which means and importance of identity. This ebook demonstrates how the general public curiosity in study utilizing genetic facts can be reconciled with the general public curiosity in right privateness security.

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Extra resources for Genetic Data and the Law: A Critical Perspective on Privacy Protection (Cambridge Bioethics and Law)

Sample text

If established by preferences, then those preferences may be rooted in more general normative frameworks, which seek to justify the nature of any obligation. These may, in turn, be informed by particular philosophical, political, economic or moral theories that may have their own ideas about the proper relation between persons within a society. It is also possible, however, that people perceive a required standard, understanding action in accordance with that standard to be something which others ‘ought to do’, without being able to articulate or defend that preference with reference to a broader moral or political philosophy.

32 Privacy and the public interest are sometimes presented as antithetical ideas that must be brought into balance,37 they can, and often do, share a very close relationship. Proper privacy protection is not simply consistent with the public interest – it is crucial to it. If privacy is a common interest, valued within a society, then it is one of the interests that public interest decisionmaking must be seen to take into account if decision-making processes intended to advance ‘the public interest’ are to retain legitimacy.

Up to this point, I have sought simply to present privacy as representative of particular norms of exclusivity, to recognise the various ways in which such norms may be grounded, and to clarify the ways in which they might unpack according to both transactional and relational variables. This has been an important exercise. It has, I hope, helped to provide a way of representing some of the variation between different conceptions of privacy – as they vary according to the normative, transactional and relational aspects – and has also helped to underline the significance of ‘control’ from an individual or group perspective, as privacy is valued.

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