The Protection of Genetic Identity

As everyone knows, the mapping of the basic components of the genetic code was completed in June of 2000. In particular, the DNA structure contains an infinite amount of information regarding the specific traits of an individual, such as, ex multis, the body's morphology, skin pigmentation, ethnic and racial traits. Furthermore, studies have shown that DNA determines, at least to some extent, intelligence and personality and it provides additional means of detection for the identification of hereditary illnesses, such as Down syndrome, hemophilia, and cystic fibrosis. Its negative effect was to establish a different, ulterior method, by which the personal rights of that same individual can be illicitly violated. The analysis of the legal implications of such a phenomenon is a very complex one because of the needs to balance two opposite interests. On one side is scientific research, which fears that imposing overly strict limitations on the developments of new techniques of manipulation of genetic information would excessively restrict the research itself and would impede the achievement of new results beneficial to human society. On the other side are the privacy concerns; the need to take into account the interests of individuals to be granted efficient protection of their genetic identity. In addition, the complexity of such an analysis is increased by the speed of the above mentioned developments in respect of the lack of ad hoc legal provisions in order to deal with such new issues, and the consequent need to try to address these challenges by means of the traditional legal doctrines. It is interesting to consider the North American judicial system in this respect, in view of the fact, as some may say, that it has developed the most advanced genetic research and techniques, and also because, as Antonio Gambaro says, it was the “cradle” of privacy rights. On the contrary, the specific topic of genetic identity within the Italian legal framework, with some exceptions, appears to be taking off. This may be due to several factors, among which we can briefly recall two concurring elements. On one side is the issue of genetic identity as a new concept of personal identity; On the other side, the specific topic of genetic identity and the related opportunity to identify an individual by means of his/her genetic information, has thus far been presented to the eyes of the Italian society mainly in its positive aspects. Accordingly, the present work will try to address the legal implications surrounding the issue of genetic identity by referring to the complex and heterogeneous scenario of doctrines and legal provisions which characterizes the American legal system in attempting to better understand such a phenomenon.