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.
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