Computers, Privacy & the Constitution

Introduction

The consequences of a lack or breach of privacy with respect to the results of genetic testing and sequencing may be analogous to the same consequences associated with a lack of privacy with respect to personal data.

Why such a long, not very stirring sentence to begin your essay? How about "Genetic data is personal data, and when you're genetic privacy has been breached, you're in trouble?"

As we discussed in class, a lack of privacy with respect to your personal information may not only lead to the breach or disclosure of your own personal information, but also reveal the personal and private information of people whom you have relationships with (both online and in person). Similarly, the disclosure or lack of privacy with respect to the results of your genetic tests or genome sequence information not only provides information on your own-self, but also information on all of your blood relatives. With the decreasing cost of full genome sequencing and the rise in direct to consumer genetic testing, the potential for abuse of intentional and inadvertent disclosure of such information is increasing. Most people (even those which knowingly disclosure personal information) do not actually realize the amount of privacy they have deprived themselves of and the quantity of information they have disclosed. Factor in the risk and potential for complimenting this already-known information with DNA sequence data (which can accurately or inaccurately implicate disease risk and other traits), and the consequences of such disclosures may turn for even worse.

Disclosure

Disclosure of DNA sequence data can probably occur in several different forms. Some of which may not be fully developed until an increased amount of genetic testing and genome sequencing occurs to the point of which there will be more data and a greater potential for the use of such data in the real world. However, one mode of disclosure is the voluntary use of genetic samples for research which in the interest of science, end up listed in a publicly accessible database. In a recent study, where volunteers had been assured that their names would not be linked to their samples, researchers were able to identify almost 50 anonymous volunteers using internet searches and genealogy websites in order to discover their names. Apparently “it took a single researcher with an Internet connection about three to seven” to identify each person. The disclosures of DNA sequences used in studies are often essential to research and the research community. This presents a difficult problem, one which more likely than not will be difficult to solve. Do researchers stop releasing the data used in their studies to the scientific community? Doing this would most likely inhibit scientific research and act as a barrier to the progression of useful studies and conclusions. Studies which aid and act as the backbone of our progression towards personalized medicine and earlier disease detection.

The clotted and unclear second sentence of the paragraph seems to mean "sequencing is going to become ubiquitously easy and cheap. You leave skin cells everywhere you go, but I'm going to talk about more trivial facts now." Why should you?

Use and Protection

The question of how DNA sequence data can or will be used is not a novel. However, what will be the consequence of a database marketing company such as Acxiom obtaining DNA sequence information. Most of the information collected by these sorts of comes from public records and consumer surveys. When these types of companies attain DNA sequence information and are able to link it to you, a particular individual (as was done by the researchers), how will it be used? Will you be bombarded with advertisements for medications which may relate to an illness associated with a particular genetic sequence? Even worse, will your relatives be bombarded with these same types of advertisements? Will health insurance or life insurance companies purchase the information and use it against their customers and potential customers? Will employers and corporations purchase the information in order to discriminate against employees and potential employees? While a federal Genetic Information Nondiscrimination Act which supposedly protects DNA information from being used in a discriminatory matter, many experts regard the legislation as inadequate and insufficient. Will legislation be able to keep up with the rapid development of information collecting, analytic, and marketing companies?

Conclusion

The aggregation of data mined from online services, public databases/websites, and DNA sequence (and genetic test results) are inevitable. Is there a constitutional right or protection from not simply having DNA sequence data used against you in a discriminating matter; but how about from having this information collected by data marketing companies (whom sell your information to whoever is willing to buy it) in the first place? This question becomes even more interesting when you consider what some may label information of a “unique quality." One may argue that other information (collected from online services) is used in a manner which is based on social sciences; and consider genetic data as more significant or conclusive (especially when taking the future into account). DNA information can be used in confidence against your blood relatives. Is this characteristic worthy of some type of special or fundamental protection? Perhaps more light will be shed on the answer to such a question when the Supreme Court reaches a decision on the use of criminal DNA data in their pursuit of persons they know not to be in their database, but possible related to a person in their database. Some people argue that society’s view towards privacy is evolving into a different concept. They argue that younger people do not have the same appreciation or understanding of privacy as those of the older generations. Over a lifetime, will the “younger people” change their mind on how they “think” they view the value of their privacy? This is an interesting question in itself. When (assuming eventually) legislation finally demands more transparency about the information held by data marketing companies, and people are able to see how this information is ultimately used against them and worse, to the benefit and profit of others; will they change their mind? Arguably the answers to these questions may not matter, by the time people change their mind or realize the consequences of their past decisions; it may very well be too late.

This last paragraph is a jumble, reflecting the absence of clarity about the theme of the essay from the beginning. The best revision would begin with a clear and detailed outline, executed in shorter sentences contained in more tightly disciplined paragraphs. Conceptual clarity can be expected to emerge from the discipline of clearer writing. In particular, what is the most important point you want to make about genetic privacy? Put that at the front as well as the conclusion of the essay: develop the idea carefully through the body of the text, and show in a conclusion not only how your idea has enlarged itself through the development, but where the reader might take the thought further for herself.

http://www.bostonglobe.com/metro/2013/01/18/using-simple-tools-scientists-show-privacy-research-participants-risk/DfUiFGlY2LPYWtdfFFEyNJ/story.html

http://www.nytimes.com/2012/06/17/technology/acxiom-the-quiet-giant-of-consumer-database-marketing.html?pagewanted=all

-- JonathanKoppell - 31 Mar 2013

 

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r2 - 11 May 2013 - 19:17:55 - EbenMoglen
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