In an age of increasing genomic research, it is important to protect individuals’ genomic privacy rights from misuse or discrimination. The Genetic Information Nondiscrimination Act (GINA) of 2008 was a landmark piece of legislation that was implemented to protect individuals from genetic discrimination in the workplace. GINA prohibits employers from using genetic information to make decisions on hiring or increasing employee compensation.
GINA also protects individuals from discrimination based on their genetic information from health insurers and group health plans. This means that health insurance companies cannot use, or request, genetic information to make decisions on premium rates, eligibility criteria, or levels of coverage.
The Impact of GINA on Genomic Privacy
GINA was a big step forward in the effort to protect individuals’ rights to genomic privacy. The legislation makes clear that employers and health insurers cannot use genetic information in a discriminatory way. This provides individuals with more confidence that their genetic information will remain private and secure, and that they will not have to worry about potential discrimination due to their genetic make-up.
As advances in genomic research progress, other laws may expand to protect individuals’ right to privacy even further. For example, laws governing the use and storage of genetic data may be necessary to ensure that genomic information is securely stored and used responsibly.
The Role of Employers and Health Insurers Under GINA
Under GINA, employers and health insurers have a responsibility to protect the right of individuals to genomic privacy. Employers must ensure that any genetic testing that is conducted in the workplace is voluntary and must not use genetic tests results in their employment decisions. Additionally, employers must inform employees of their rights under GINA, and must provide clear policies about how and when they can use genetic testing.
Similarly, health insurers must only use genetic tests results for medical purposes, and must not use them for decisions related to insurance coverage. Additionally, insurers must make sure that any individuals’ genetic information is securely stored and that only those with authorization can access it.
Conclusion
Genetic Information Nondiscrimination Act (GINA) is a crucial piece of legislation that seeks to protect individuals’ right to genomic privacy. By prohibiting employers from using genetic tests results in employment decisions and health insurers from using them in decisions related to coverage or premium rates, GINA provides individuals with important protection against genetic discrimination.