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KMID : 0986720140220010103
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Korean Journal of Medicine and Law
2014 Volume.22 No. 1 p.103 ~ p.121
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The bases and methods of the right not to know ones own genetic information
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You Ho-Jong
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Abstract
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Knowledge of ones own genetic information can provide only damages such as anxiety and nervousness. So, the German law and so on acknowledge the right not to know ones own genetics information. Now, in Korea, it is necessary to initiate discussions about the right.
Ethically, "the right not to be harmed from each other" is derived from "the obligation to do no harm to each other." And, "the right not to know genetic information" is derived from that right. Legally, from "human dignity and the right to the pursuit of happiness " as defined in Article 10 of the Constitution, the right not to know is derived.
However, people have the right to know ones own genetic information also. Therefore, the right not to know should be in harmony with the right to know. Here"s how: First, the method is to respect the autonomy of the dielectric provider. That is, the provider can select to be notified or not his/her own genetic information. Second, when it is difficult to respect the autonomy of the provider, the family or legal representative of the provider can select to be notified or not. Otherwise, researchers and doctors can decide to notify or not the provider of his/her genetic information.
A lack of awareness of the rights is partly caused by inadequate laws. In "Bioethics and Safety Act", it is necessary to supply the regulations on provision of provider"s genetic information to him/herself.
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KEYWORD
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genetic medicine, genetic information, right to know, right not to know, Bioethicsand Safety Act, autonomy
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