Table 1 Laws and policies that apply to GD and protect genetic privacy.
From: Genetic discrimination: introducing the Asian perspective to the debate
Jurisdiction | Laws and policies regarding GD | Laws and policies that protect genetic privacy |
|---|---|---|
China | Measures for the Administration of Health Insurance (2019) | Personal Information Security Specification (2020)—genetic information as sensitive information Regulation of the People’s Republic of China on the Administration of Human Genetic Resources (2019) |
Hong Kong SAR | Disability Discrimination Ordinance (1996), as applied by the court in K & Others v Secretary for Justice, (unreported) [2000] DCE03, 4, 7/99 | Personal Data Privacy Ordinance (1996) |
India | M/S United India Insurance Co. v. Jai Parkash Tayal (2018) Ethical Guidelines for Biomedical Research on Human Subjects (2017)—for recommendatory | No (Personal Data Protection Bill (2019) has not yet been legislated) |
Japan | Guidelines for collection and use of genetic information in health and life insurance companies (in preparation) | Act on the Protection of Personal Information (2017)—genetic information as personal information (personal identification code) |
Philippines | National Ethical Guidelines for Health and Health-Related Research (2017)—warning GD as the potential harm to research participants Senate Bill 1875 (2013) (Act Prohibiting discrimination because of genetic information in health insurance coverage) has not legislated | Data Privacy Act (2012)—genetic data as sensitive personal information |
South Korea | Bioethics and Safety Act—prohibits GD in education, employment, promotion, insurance, or any other social activity | Personal Information Protection Act of 2011 (2017)—genetic information as sensitive information |
Singapore | National guidelines on Genetic Testing and Genetic Research by the Bioethics Advisory Committee (2005)—recommendation against unfair discrimination particularly in insurance | Genetic Testing and Genetic Research (2005)—genetic data in medical practice and research Personal Data Protection Act (2012)—genetic data as personal information if it identifies an individual or it combined with other personal information Code of Practice issued by the Ministry of Health has regulatory effect in 2020 |
Taiwan | The Constitution (Art 7)—regarding the equality right in general Employment Service Act (1992)—prohibits employment discrimination based on disability | Personal Data Protection Act (2012)—genetic data as sensitive personal data |
