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Legal Issues for Genetic Information Protection and Deregulation

  • Journal of Asia-Pacific Studies
  • Abbr : JAPS
  • 2024, 31(4), pp.303-327
  • DOI : 10.18107/japs.2024.31.4.010
  • Publisher : Institute of Global Affairs
  • Research Area : Social Science > Social Science in general
  • Received : November 18, 2024
  • Accepted : December 23, 2024
  • Published : December 30, 2024

LEE HAN JOO 1

1고려대학교

Accredited

ABSTRACT

The use of genetic information is expected to be a means to support patients with incurable and terminal diseases, along with the development of the healthcare industry based on information and communication technology, and to achieve the most fundamental human dream of maintaining and extending life and health. However, despite the advantages of utilizing genetic information, compared to general information, the damage caused by infringement of genetic information is much greater, so a high level of protection is required, and in that sense, there are bound to be many restrictions on its use. The revision of the Personal Information Protection Act in 2020 and 2023 added the contents of ‘pseudonymous information’ and ‘right to request personal information transmission’, respectively. Of course, it can be seen that the scope of personal information utilization has expanded compared to the past due to the pseudonymous information provisions and personal information transmission request provisions of the Personal Information Protection Act. Of course, it is not reasonable to claim that serious infringement of genetic information has occurred or will occur based on this alone. However, I believe that first reviewing the legal issues related to this and ensuring that related laws such as the Personal Information Protection Act function properly through such legal discussions will prevent infringement of personal information or reduce damage. Here, we will examine the constitutional discussion of the significance and utilization of genetic information in relation to the protection and utilization of genetic information, the analysis of foreign laws related to insurance and genetic information and utilization, restrictions on the utilization of genetic information under the Personal Information Protection Act, and make several suggestions for the development of our legal system.

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