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8 Eur. J. Health L. 41 (2001)
Genetic Data and Regulations on Protection of Personal Data in Italy

handle is hein.journals/eurjhlb8 and id is 51 raw text is: European Journal of Health Law 8: 41-50, 2001. 41 C 2001 Kluwer Law International. Printed in the Netherlands. NEWS AND VIEWS Genetic Data and Regulations on Protection of Personal Data in Italy ADRIANO BOMPIANI Pediatric Hospital Bambino Gest, Rome In Italy, the protection of private life is largely regulated by Law NE 675 of 31 December 1996 on The protection ofpersons and others in relation to the processing of personal data . This law provides for a Monitoring Authority, organised in the form of a collegiate body of four members, which are appointed by Parliament. This Body, known as the Guarantor, operates in complete autonomy and independence, enforcing compliance with the law. The first authorising opinion of the Monitoring Authority under Law 675/1996 of 22 May 1999 which follows hereafter, concerns the acquisition of sensitive data of a genetic nature without the consent of the party concerned. A request for authorisation for obtaining personal health data was submitted by a married couple for reasons of procreation. The female applicant declared that: a) she was affected by a bilateral glaucoma b) a genetic consultancy for the purpose of procreation was in progress at a university hospital, having been requested jointly with the husband c) her father, too, was affected by bilateral glaucoma and that this disease caused him to lose his sight d) the doctors in the hospital needed to obtain some of the father's health data in order to perform the investigations necessary to formulate a prognostic opinion on the risk that the applicant might transit her disease if she became pregnant. e) the applicant's father had not shown any inclination to facilitate acquisition of his clinical records, stored at another civil hospital f) the doctors in the hospital where the clinical records were stored first objected on the grounds of professional confidentiality and then pointed

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