The article presents a gradual shift from the individual concept of data protection to the application of the group concept in the case of genetic data, which by its nature applies to more than one person. The application of the group concept is based on the norms of EU law, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the Supreme Court of Iceland, as well as soft law documents. The jurisprudence presented in the paper argues that genetic information is relevant both to the donor of genetic material and to his relatives. Thus, the genetic data of person A created from a biological sample taken from him, may also constitute the genetic data of person B. Thus, the status of the data subject established under EU law should be extended to a larger number of persons than suggested by EU data protection legislation. The argumentation presented confirms the formation of indicating the group nature of genetic data. The continuous increase in the amount of genetic information in social and economic circulation will only reinforce this trend, which is aimed at the full realization of the right to personal data protection.
REFERENCES(18)
1.
• Article 29 Data Protection Working Party, Opinion 4/2007 on the concept of personal data, Czerwiec 2007, 01248/07/EN WP 136.
• J.L. Contreras, V. Deshmukh, Development of the Personal Genomics Industry, [w:] S.Bouregy, E.L.Grigorenko, S.R. Latham, M.Tan (red.), Genetics, Ethics and Education, Cambridge 2017.
• D. Hallinan, M. Friedewald, P. De Hert, Genetic Data and the Data Protection Regulation: Anonymity, multiple subjects, sensitivity and a prohibitionary logic regarding genetic data?, Computer Law & Security Review 2013, Tom 29.
• C. WL Ho, T. SH Kaan, The Notion of Genetic Privacy, [w:] T. Sheung-Hung Kaan, C. Wai-Loon Ho (red.) Genetic Privacy: An Evolution of Ethical and Legal Landscape, Londyn 2013.
• N.Purtova, The law of everything. Broad concept of personal data and future of EU data protection law, Law, Innovation and Technology, 2018, Tom 10(1), s. 75.
We process personal data collected when visiting the website. The function of obtaining information about users and their behavior is carried out by voluntarily entered information in forms and saving cookies in end devices. Data, including cookies, are used to provide services, improve the user experience and to analyze the traffic in accordance with the Privacy policy. Data are also collected and processed by Google Analytics tool (more).
You can change cookies settings in your browser. Restricted use of cookies in the browser configuration may affect some functionalities of the website.