Putting the Gene Back in the Bottle: Why California Needs Stronger Protection of Genetic Privacy in the Wake of Affordable DNA Testing

Farid Zakaria, Santa Clara University School of Law

Abstract

In recent years, many “direct-to-consumer” genetic testing companies have started offering a DNA analysis service to the public. Based on the analysis of the DNA contained in saliva, these companies are able to inform the customer about his or her likelihood of having certain traits and of developing a number of diseases. Given the sensitive nature of this kind of information, this paper considers whether it is sufficiently protected under the current legal and regulatory framework. Specifically, the paper studies whether current federal, state, and common law that protects medical and private information also guarantees the privacy of genetic information. Ultimately, it calls for the enactment of a statute whose specific purpose is the protection of genetic information.