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9 J.L. & Health 121 (1994-1995)
Accessing Genomic Information or Safeguarding Genetic Privacy

handle is hein.journals/jlah9 and id is 127 raw text is: ACCESSING GENOMIC INFORMATION OR
SAFEGUARDING GENETIC PRIVACY
GEORGE P. SMITH, III
I.  SUMMARY  ........................................ 121
II. PROBLEMS OR OPPORTUNITIES ......................... 122
III. THE HUMAN GENOME INITIATIVE ...................... 126
A. The Perils of Genetic Knowledge .................. 127
IV. TOWARD A PRINCIPLE OF BIOLOGICAL DETERMINISM ......... 128
A. Contemporary Perspectives ...................... 129
V. THE HUMAN GENOME PRIVACY ACT: A MODEL
LEGISLATIVE SOLUTION?  ............................. 129
VI. INTERNATIONAL STRATEGIES .......................... 132
VII.  A  NEW  PARTNERSHIP  ............................... 132
EPILOGUE  ........................................ 134
I. SUMMARY
While abundant fears mark the pathways for the development of the New
Biology, humanity's dehumanization and depersonalization will not be
fostered-in reality-as a consequence of the continuing quest for mastery of
the genetic code through pursuit of the Human Genome Initiative. Indeed, if
actions are undertaken and performed here with the goal of minimizing human
suffering and maximizing the social good, then the noble integrity of
evolutionary and genetic progress will be preserved and the slippery slope
of careless and irrational action will be avoided totally.
Obviously, attendant to the freedom to undertake research into the exciting
frontiers of the New Biology is a co-existent responsibility to pursue the work
in a reasonable and rational manner. The real-although often
exaggerated-threats to genetic privacy, and the resulting forms of genetic
discrimination, posed as a consequence of research in this field, can be
contained by careful development and application of legal norms through
legislative schemes at the state and federal levels of government. In
1B.S., J.D., Indiana University; LL.M. Columbia University. Professor of Law, The
Catholic University of America.
This essay is a revised and extended version of a paper entitled, Biological
Determinism or Genetic Discrimination, presented at the 10th World Congress on
Medical Law in Jerusalem on August 31,1994.

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