Handling of Family Genetic and Genomic Data: An International Legal Aspect

The paper attempts to analyze international legal acts that express approaches and principles aimed at regulating the handling of genetic and genomic data, including family data. At the international level, the processing of genetic and genomic data is regulated as part of a more general data management regulation. Meanwhile, there are documents devoted directly to the processing of genomic data. The paper analyzes specific international legal documents, including in relation to relevant acts at the level of the Russian Federation. Based on the results of the study, conclusions are drawn related to the possibility of using international legal approaches in domestic legislation. It is noted that most attempts at regulation are expressed in the norms of «soft law», which is quite consistent with the stage of development of the considered social relations. All acts aimed at regulating the processing of genetic and genomic data are aimed at finding a balance of interests between different social groups and, in any case, at finding a balance between public and private (individual) interests. Rational use of approaches formulated at the level of international organizations, taking into account the interests of the Russian Federation, will make it possible to develop proposals for improving domestic regulation in this area.

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Publication Details

Journal
Lex Russica
Published
2024-12-21
DOI
https://doi.org/10.17803/1729-5920.2024.217.12.084-093
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Handling of Family Genetic and Genomic Data: An International Legal Aspect

A. V. Kubyshkin
Lex Russica
Digital Transformation in Law
article

Handling of Family Genetic and Genomic Data: An International Legal Aspect

A. V. Kubyshkin
article en

Abstract

The paper attempts to analyze international legal acts that express approaches and principles aimed at regulating the handling of genetic and genomic data, including family data. At the international level, the processing of genetic and genomic data is regulated as part of a more general data management regulation. Meanwhile, there are documents devoted directly to the processing of genomic data. The paper analyzes specific international legal documents, including in relation to relevant acts at the level of the Russian Federation. Based on the results of the study, conclusions are drawn related to the possibility of using international legal approaches in domestic legislation. It is noted that most attempts at regulation are expressed in the norms of «soft law», which is quite consistent with the stage of development of the considered social relations. All acts aimed at regulating the processing of genetic and genomic data are aimed at finding a balance of interests between different social groups and, in any case, at finding a balance between public and private (individual) interests. Rational use of approaches formulated at the level of international organizations, taking into account the interests of the Russian Federation, will make it possible to develop proposals for improving domestic regulation in this area.

Lex RussicaVol. 77(12)
Kutafin Moscow State Law University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 56%
Digital Transformation in Law
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