International law and russian law on the right of a person to protect his or her own genetic data
Автор: Vinnikova R.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Международное право
Статья в выпуске: 2 (37), 2023 года.
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At the present stage, in connection with the development of biomedical sciences and information technologies, the generally recognized human rights to honor and dignity, to personal integrity, to respect for private life imply and are supplemented by the right of a person to protect their own genetic data. The article discusses the main international documents regulating the protection of genetic information, foreign experience in handling genetic data when creating and using forensic DNA databases, discusses the latest changes made to the Federal Law “On State Genomic Registration in the Russian Federation”. Methodology. The methods of comparative law, analysis and synthesis, a systematic approach were used. Results. The analysis made it possible to conclude that not all requirements for the protection of genetic data by states, formulated by international documents, are reflected in Russian legislation. Thus, the new provision of the said Law on compulsory state genomic registration of persons subjected to administrative arrest seems disproportionate. The norm on the terms of storage of genetic information does not comply with international standards and common world practice. An undifferentiated approach to the terms of storage in relation to the procedural status of a person and the gravity of the offense violates the balance of public and private interests.
International law, international standards, civil rights, genomic information, genetic data, balance of public and private interests
Короткий адрес: https://sciup.org/14127119
IDR: 14127119 | DOI: 10.47475/2311-696X-2023-10225