Legislative Approaches to Addressing the Issue of Genetic Discrimination in Insurance

Abstract

Genetic testing is a very attractive source of information for insurers, who often associate this opportunity with improving the risk assessment of personal insurance, as it is a key factor in determining whether insurers are willing to offer coverage to a particular individual and at what price. At the same time, statements are increasingly being made about the possibility of discrimination against policyholders and insured persons due to the expansion of the practice of using such information, which required the adoption of appropriate legislative decisions by a number of countries, although it is too early to talk about the formation of a systematic approach to solving this problem. An analysis of the legislation of a number of states revealed several approaches to solving this problem. The author highlights the countries that have established a complete ban on the use of genetic information in insurance (Austria, Norway, France), including in the context of protecting the rights to protect personal data of third parties (Spain, Portugal), as well as differentiated conditions for the use of genetic data depending on the amounts insurance coverage for life insurance, accident insurance (including at work); on the specific circumstances, determined by the legislator, and the reasons for the genetic study (Switzerland); from the participation of the insured in the program for the detection and prevention of congenital diseases (Israel).