The issue of genetic privacy is getting a lot of attention in the media lately, mainly due to the role DNA has played in identifying suspects in prominent “cold cases” like that of the Golden State Killer. But use of these “genetic genealogy” tools has raised concerns from privacy advocates who fear that genetic information shared on public genealogy databases could be misused. While “oversharing” personal information on social media has become par for the course, it’s important to think carefully about what information you’re publishing on the internet and who might have access to that information in the future.
How does “genetic genealogy” work?
In criminal cases, DNA is often recovered from a crime scene. Until recently, investigators would only run the DNA through a government database known as CODIS. However, if the suspected perpetrator wasn’t already in the CODIS database (through a prior arrest or conviction), the investigator would be at a dead end. Recent advances in “genetic genealogy” have allowed investigators to run DNA samples from crime scenes through much larger public databases, such as GEDmatch. Many of these public databases aggregate genetic profiles from commercial websites such as Ancestry.com or 23andme. If the investigator finds a link, even to a distant relative, they can use that information to begin building out a family tree, which may eventually lead to the identification of the perpetrator.
Genetic privacy: what do you need to know?
At the federal level, the Genetic Information Nondiscrimination Act of 2008 (GINA) regulates the permissible use of genetic information by health insurers and employers. GINA prevents health insurers from denying coverage to an individual based solely on a genetic predisposition to develop a disease in the future. The law also bars employers form using an individual’s genetic information in employment decisions. In Georgia, O.C.G.A. § 55-54-1, et seq. provides a basic right to genetic privacy, but Georgia law is limited to preventing health insurers from denying coverage to an individual based on information obtained through genetic testing.
How can you protect yourself?
Finally, if you suspect that your genetic information is being misused by a health insurer to deny you coverage or by an employer in an adverse employment decision, you may have a legal remedy.
Katherine Silverman is a business litigator with a unique depth of experience in handling commercial real estate disputes.