Risk & Business Magazine Cain Insurance Magazine Winter 2018 | Page 27

DNA KITS Warnings indicate that genetic information that you share with others could be used against an individual’s interests. However, customers often choose to broaden their search to find long-lost relatives by uploading their raw DNA data into a free site called GEDmatch. Not only has this been used to find criminal suspects, but a kit showing an unknown predisposition towards heart disease might affect a person’s ability to obtain medical insurance. Information provided to your physician will become part of your medical chart and therefore be accessible by insurance companies. CANADIAN FEARS When genetic testing became more common, Canadians were fearful of the consequences. Insurers had growing concerns of adverse effects of individuals increasing insurance amounts based on their knowledge of susceptibility to genetic disease. Insurers suspected this would be done by individuals with undisclosed susceptibilities to higher risks. The Law Reform Commission of Canada stated that the very nature of private insurance is to legitimize discrimination and is a reasonable and legitimate practice of human rights. Consumers had concerns about potential genetic discrimination in access to insurance and employment opportunities if mandatory disclosure existed. The Canadian Coalition for Genetic Fairness stated that genetic discrimination occurs when people are being treated “unfairly because of actual or perceived differences in their genetic information that may cause or increase the risk to develop a disorder or disease.” Insurers routinely rely on family history, health status, and other factors that affect insurability to determine their risk classifications for policies. Once insured, consumers have a legal duty to disclose any knowledge of future health risks to insurers once this information becomes available. Certain information received by insurers increases the possibility of individuals being denied coverage altogether because the risk is considered either uninsurable or premium rates would become so high that it would be unaffordable. The Canadian Life and Health Insurance Association Inc. confirms that its members are interested in insuring as many people as possible. Initially, the goal of having insurance was to provide assistance to vulnerable people in their times of misfortune and not to unnecessarily decline them insurance coverage because they expose excessive risks. Private insurance is an important public policy objective and continues to play an important role as an increasing number of health care services are delisted from a publicly funded system. THE LAW There is a significant public interest in the outcomes of genetic research. Some of the core objectives of personal information protection laws in Canada aim to provide rules for the collection, use, disclosure, and security of personal information. New Brunswick’s Personal Health Information and Access Act has been in force since 2010 and includes an individual’s genetic information when defining their personal health information. Section 28 of this Act prevents the collection of personal health information for the purpose of determining the individual’s eligibility to participate in health care programs. It does not protect individuals from being discriminated against regarding access to private insurance products such as life, accident, and sickness. The federal government took notice of Canadians’ overwhelmingly opposed view to insurance companies having access to their genetic test results. Thankfully, in 2017, the Canadian government enacted the Genetic Non- Discrimination Act. This Act prohibits and prevents insurers and employers from requiring individuals to undergo genetic tests or disclose genetic information. You may want to think twice about ordering your family those DNA kits for Christmas! That may not be the only surprise to come to you or your family over the holiday season. But if you do, be aware of the data you are uploading online and think about who has access to it and who it can affect. 27