The Protection of Human Genetic Information in the EU: Ethical, Constitutional and Criminal Law Aspects

Abstract

The European Union has achieved a significant milestone through the widespread implementation of genomic and postgenomic technologies in diverse fields including personalized and regenerative medicine, immunology, nutrition practices, sports medicine, and the wellness industry. This article revolves around the practical application of genomics and EU bioethics, with a specific emphasis on investigating the cutting-edge legal methodologies referred to as Lex Genetica and Legal Biotech. The European Union market for genomic research is presently experiencing significant and swift expansion, coupled with ongoing progress and effective integration of genetic technologies. Consequently, there exists a pressing necessity to strengthen legal protections and guarantees, specifically concerning the privacy of human genomic information, within the domain of EU criminal legislation. Within the framework of Horizon Europe, a funding program dedicated to research and innovation, the European Union (EU) prioritizes three pillars, with one specifically focused on tackling global challenges and augmenting the competitiveness of European industries. The “health” cluster within this pillar underscores the significance of advancing healthcare technologies, reducing health hazards, protecting communities, and fostering the welfare of individuals. Genomic research harbors immense possibilities in achieving these aims and has emerged as one of the most pioneering and groundbreaking fields in recent years. This paper aims to complement prior publications by offering an updated analysis of selected topics since 2018. The urgency of legal regulations for all the accompanying processes becomes evident within the global roll-out of postgenomic technologies and the pan-European tendency to move from fundamental exploratory research to the practical application of omics technologies in the EU (the study of genome, proteome, and metabolome). Numerous jurisdictions in the EU provide for gene-related offenses, including cloning, modifying the human germ line, and dispersing GMOs without appropriate authorizations. However, the specific offenses vary in the EU countries to a large degree.