Genetic profiling: A legal framework to embrace the challenges

The current issues surrounding the use of genetic profiling technologies in New Zealand are analysed and compared with other jurisdictions, resulting in a number of key recommendations for the legal framework. An amendment to the Human Rights Act, review of the Health Information Privacy Code and an increased role for the Insurance and Savings Ombudsman are discussed in light of the developments in other jurisdictions. The implementation of a genetic database registration system and the development of policies to guide employers, insurers and health professionals on acceptable uses of genetic profile information are presented as recommendations to improve the current approaches. The establishment of an Advisory Body would ensure that safeguards against discrimination continue to be fair and effective, keeping pace with the rapid advancements in this field. The increased availability and the more acceptable costing are making the use of genetic profiling technology attractive. This is contributing further to the legal challenges, particularly when combined with the increasing range of applications for the data provided, in such diverse fields as the insurance industry, employment, personalised pharmaceuticals and the use of genetic databases. It is seen as essential that the legal framework promotes and supports the public in their access and use of genetic profiling technologies. These developments promise to be important and at the forefront of future heath care in New Zealand.