Criminal Legal Protection of Genetic Data of the Person: To Statement of a Problem

Tools

Karelin, Dmitry V.; Matsepuro, Darya M. and Selita, Fatos. 2018. Criminal Legal Protection of Genetic Data of the Person: To Statement of a Problem. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo(29), pp. 79-90. ISSN 2225-3513 [Article]

No full text available

Official URL: https://doi.org/10.17223/22253513/29/7

Abstract or Description

Today genetic data of the person are a huge source of information on people. Unprecedentedly rapid progress demonstrates that possibly we will be able shortly to predict with a much bigger accuracy such signs as the state of health, the academic progress, specific features of the personality and behavior.

The ultraprecise information taken from genetic data on the person is very valuable, but at the same time, it bears certain risks for certain people. For example, such information can be used for manipulations with insurance premiums, in questions of employment, the educational sphere, questions of development of the child, in law-enforcement activity and also in other areas of human rights. It leads to statement of questions of ethical and legal character, including, the abuses connected with prevention, unauthorzsed use and even unreasonable restriction of the rights and freedoms of the person (discrimination), including on biological signs. The important role in the solution of these questions belongs to guarding branches of the right and criminal law, in particular.

Task of authors when writing article was implementation of the analysis of "the international standards in the sphere of a turn of genetic data on the person" and the existing Russian legislation in the part relating to protection of the personal and genetic data of the person.

In the course of work on article the following methods have been used: comparative and legal, dialectic, formal and logical.
Subject of article was the analysis of norms in the international legal acts, norms in the existing criminal and regulatory legislation of Russia and definition of the directions of improvement of the mechanism of criminal legal protection of genetic data of the person.

As a result of the analysis authors have come to a conclusion that in "the international standards in the sphere of a turn of genetic data on the person", genetic data contact human right on respect of human dignity and the right to personal privacy; genetic data of the person belong to personal data and treatment of them has to have confidential character. The Russian legislation and its official interpretation conform to the international standards in the considered sphere.

It is noted that genetic data of the person directly aren't mentioned in the criminal legisla- tion of Russia. The conclusion is drawn that their criminal legal protection can be carried out by means of reference of genetic data of the person to category of special personal data – to biometric personal data which is a personal secret.

Suggestions for improvement of the criminal legislation and practice of its uniform application regarding protection of genetic data of the person are formulated.

In the conclusion it is noted that the question of character and degree of public danger of an illegal turn of genetic data on the person needs additional study.

Item Type:

Article

Identification Number (DOI):

https://doi.org/10.17223/22253513/29/7