Study on Genetic Privacy : Classification of "Genetic Information" and its Constitutional Status

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  • 遺伝子プライヴァシーの考察 : 「遺伝情報」の分類と憲法的位置付け
  • イデンシ プライヴァシー ノ コウサツ イデン ジョウホウ ノ ブンルイ ト ケンポウテキ イチヅケ

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Abstract

With genetic technology developing rapidly, as shown in the Human Genome Project, a third party such as governments have started to show great interest in collecting and preserving personal "genetic information". In the United States, all 50 states have already established DNA databanks for criminal investigation. It is said that the government may be able to improve the natural characteristics of a criminal by manipulating his or her genes. Even in the realm of law, genetic information has gained constitutional status, which is seen especially in the United States. However, this controversy is still at its developing state. The word "genetic information" itself is defined differently according to each argument. In thes document, "genetic information" is divided into three types by using the debates in America as a reference. They are "DNA infromation area", "information drawn out by DNA testing", and "DNA fingerprints". The document reviews each type's constitutional status.

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