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Definition
Not only is privacy definition absent in the legislation that controls and amends an individual privacy privilege but also in the Charter of Rights and Freedoms (Canadian Charter of Rights and Freedoms, 1982). Nevertheless, privacy is a basic human right.
It is a significant factor of a democratic society; it is ‘at the heart of liberty in modern state.’ Some people describe it as a private field of thoughts and response that is essential for freedom of ideas, speech, and conscience, among others (Delisle, 2003).
Privacy is entitlement to a state of lack of interference or intrusion. This concept possesses four dimensions, including; (a) bodily privacy, (b) territorial privacy, (c) communication privacy and, (e) information privacy. Majority of privacy policies is inclined towards information privacy.
This legislation focuses on the collection, application, availability and amendment of delicate information. Privacy can also be defined as the privilege to restrict access to own personal information as well as to one’s person (Stoddart, 2005).
Genetic testing refers to various techniques used for testing an individual genetic make-up and to establishing the presence of inborn genetic characteristics or environmentally induced gene mutation. Two modes of test could be applied at a workplace, including genetic monitoring, and genetic screening.
Genetic monitoring is a regularly performed test which considers environmental hazards at the workplace that may influence an employees DNA. On the other hand, genetic screening concerns analysis of the inherent genetic composition of a person to determine specific inborn characteristics or abnormalities. As opposed to genetic monitoring this analysis requires only one test.
Concerns
Genetic testing provokes various concerns form privacy activists. An individual’s genetic make-up is not subject to change, unlike his or her name, credit card and bank account.
In a workplace context, genetic testing is associated with the most obvious intrusion of privacy within the aspects of job insurance coverage and promotion. Genetic screening reveals confidential information about the employee and relatives since genetic information carries facts concerning ancestors and children.
Certain abnormalities are hereditary, so that by associating the worker with a genetic abnormality translates to association of the employee’s relations with the disorder. Essentially this practice passes as an intrusion of a worker’s privacy, wherein the data is collected, and used or revealed devoid of their informed consent. In fact, the concerns pertaining to informed consent genetic data collection are yet to be settled.
Legislation
Absence of uniformity within regional legislation impedes identification of privacy responsibilities with respect to genetic data. In the context of the Canadian legislation, there are prominent loopholes concerning the genetic data collection and application, given the variation in certain significant laws across the provinces.
For instance, genetic privacy in the employer-employee setting is supported in B.C., Quebec and Alberta presently while it is not supported in the rest of the provinces. Therefore, in the provinces that have not yet installed the legislation, this aspect of privacy concern is rendered uncertain and the workers are provided with insufficient instructions in approaching genetic data collection in Canada.
Requirements
Some insight may be obtained from judicial appraisal that has been based on the context of the use of Criminal Code to genetic databases. Genetic database systems enable authorities to preserve DNA information just from offenders convicted of specific grievous offenses, under a judge’s permission (LaForest, 1985). The restrictions enforced in the criminal setting highlights the significance of the concern of genetic data collection.
Noteworthy, the united states Congress have in the past few years worked on the Genetic Information Nondiscrimination Act and approximately 40 U.S. states have legislation controlling the application of genetic information. Huge United State’s organizations operational in Canada have also express concern for this issue.
Reference List
Canadian Charter of Rights and Freedoms. (1982). Part I of the Constitution Act.
Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11.
Dickson, G. R., & Barreth, S. (2006). Privacy laws and virtue testing in the workplace. Hamilton Street, Regina.
Delisle J. (2003). GOL – OCRI Series. Ottawa, Ontario; Ottawa Centre for Research and Innovation. Web.
LaForest. (1985). supra note 70 at 9: referring to Criminal Code of Canada, R.S.C. 1985, c. C-46, ss. 487.04-487.092.
Stoddart. (2005). Role and Operations of the Office of the Privacy Commissioner of Canada, Standing Senate Committee on National Finance. Ottawa, Ontario.
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