Legal regulation of genetic information and genetic testing in Ukraine: from legal nature to realization of personal non-property rights

Анотація

This article explores the legal nature of genetic information as a component of the personal data system. It establishes that medical information and genetic information constitute two distinct but overlapping information systems, intersecting in the context of genetic information related to any aspect of human health or disease. The article examines the peculiarities of providing medical genetic assistance in Ukraine, particularly emphasizing that informed voluntary consent from a competent individual is required, including for genetic testing. The author investigates the implementation of the personal non-property right to medical information (including information on health status), which encompasses genetic information related to any aspect of human health or disease. This right is exercised upon reaching the age of majority. Furthermore, the author underscores the necessity for Ukraine to ratify the Oviedo Convention along with all its additional protocols. Such ratification would facilitate the modernization of national legislation in the healthcare sector, particularly in the provision of medical genetic assistance, including genetic testing.

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