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National Human Rights Commission of Korea - Complaint Summaries

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Discussions on the Protection of DNA information [2004] KRNHRC 45 (22 September 2004)

Discussions on the Protection of DNA information

Genetic information is widely used not only in the life sciences for such purposes as
creating or extending life but also in identifying missing persons and conducting crime
investigations. In the latter case, however, there are problems associated with gathering and
use of genetic information: in most cases, the privacy of persons subject to DNA testing is
infringed as hereditary information the persons themselves don't know becomes known to
and is managed by others. Such information can include the presence of hereditary diseases
that have not yet become manifest. This, in turn, opens the possibility of discrimination. On
September 22, 2004, the Committee held a meeting to discuss the use of Genetic
information and measures to protect it.

The meeting proceeded in the order of
(1) discussions on the legal protections of genetic information, and
(2) presentation of opinions by experts on the current situation of the use
of genetic information followed by discussions by related agencies and human rights
experts. The participants reached agreement that legislation of applicable laws was urgent
given that there is a serious legal vacuum regarding protection of confidential personal
information as there are no laws on the use of DNA or use of databases by government
agencies. However, opinions differed considerably about the need for establishment and
operation of database on genetic information by government agencies.
The Commission will reflect the proceedings of the meeting as much as possible when
it reviews issues relating to the protection of genetic information under applicable laws and
policies.


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