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Catholic University Journal of Law and Technology

Catholic University Journal of Law and Technology

Abstract

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment further gives examples of States with stronger protections than what the federal government mandates. Lastly, this comment discusses the need for GINA to be expanded to address legal matters outside of the employment and health insurance spheres.

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