Abstract

AGUDELO MOTTA, María Lucía; OSORIO ORTEGA, Daniel Francisco; RUBIO ROA, Adriana Carolina  and  BELTRAN, Orietta Ivonne. Privacy and Confidentiality of Genetic and Genomic Data for Diagnostic Use in Colombia. Legislation Compared to Australia. rev.latinoam.bioet. [online]. 2022, vol.22, n.1, pp.29-44.  Epub June 21, 2022. ISSN 1657-4702.  https://doi.org/10.18359/rlbi.5196.

Genetic and genomic information requires strict regulations for its proper handling in order to avoid inappropriate disclosure and secondary discrimination, since it is directly related to fundamental rights and bioethical principles. Hence the need to evaluate the existing Colombian regulation, for which a systematic review of the literature was carried out on databases from 2000 to 2020, websites of the Congress of the Republic of Colombia, the Australian Law Reform Commission and the Constitutional Court of Colombia, to identify the shortcomings and the successes in the current jurisprudence of the management, control and accessibility of the Colombian population to tests and genetic information. Australia is taken as a reference to understand and propose improvements. It was found that in Colombia genetic information is classified as sensitive (Sentence C-334-10) with non-specific regulations without legislative norm. In contrast, Australia has specific bioethical guidelines, criminalization and protocols that cover the individual and collective implications described in the Privacy Legislation Amendment Act of 2006. It is necessary that a specific legal regulation be created for genetic and genomic information with emphasis on usage guidelines on privacy, disclosure and non-discrimination in Colombia.

Keywords : Human genome; Genetic information; Privacy; Confidentiality.

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