4 ms·

It would be nice to have better special regulations specifically concerned with DNA usage and collection, just as we do for health information like HIPAA, just

by ve55 8y ago

It would be nice to have better special regulations specifically concerned with DNA usage and collection, just as we do for health information like HIPAA, just as we should for facial recognition as well.

lixtra 8y ago
So DNA-data is not HIPAA yet?
- hipaaCompliant 8y ago
  Protected HIPAA data is whether or not you have HIV. The color of your eyes and hair isn't protected, so, at least in part, DNA isn't 100% private information. But think deeply about this. Is your shit, and snot, and piss, and menstrual blood, and fingernail clippings extremely secretive effluence? Do you put it through a paper shredder like it's your credit card info? No one incinerates all of their bodily waste. If you shave your face in a hotel, guess what. Your DNA is in the maid's hands.
- Real_S 8y ago
  HIPAA is miles away from protecting DNA. GDPR, however, does cover genetic data.
- nkrumm 8y ago
  HIPAA does not explicitly call out genetic/genomic information as one of the oft-cited 18 elements of protected information [1]. However, genetic/genomic information is considered to fall under the 18th element, and HHS states that it must be treated as PHI [2,3]. In fact, HIPAA is very broad in its definition of PHI: "The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)." [4] Finally, it's worth pointing out that some states (e.g, WA) have enacted their own legislation that specifically calls out genetic testing and data as PHI [5]. In addition, there is the GINA act, which provides some protections as well [6] [1]: https://cphs.berkeley.edu/hipaa/hipaa18.html [2]: https://www.hhs.gov/hipaa/for-professionals/faq/354/does-hipaa-protect-genetic-information/index.html [3]: https://www.law.cornell.edu/cfr/text/45/160.103 [4]: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html [5]: https://app.leg.wa.gov/billsummary?BillNumber=6284&Initiative=false&Year=1999 [6]: https://en.wikipedia.org/wiki/Genetic_Information_Nondiscrimination_Act

by ve55 8y ago

lixtra 8y ago

So DNA-data is not HIPAA yet?

hipaaCompliant 8y ago
Protected HIPAA data is whether or not you have HIV. The color of your eyes and hair isn't protected, so, at least in part, DNA isn't 100% private information. But think deeply about this. Is your shit, and snot, and piss, and menstrual blood, and fingernail clippings extremely secretive effluence? Do you put it through a paper shredder like it's your credit card info? No one incinerates all of their bodily waste. If you shave your face in a hotel, guess what. Your DNA is in the maid's hands.
Real_S 8y ago
HIPAA is miles away from protecting DNA. GDPR, however, does cover genetic data.
nkrumm 8y ago
HIPAA does not explicitly call out genetic/genomic information as one of the oft-cited 18 elements of protected information [1]. However, genetic/genomic information is considered to fall under the 18th element, and HHS states that it must be treated as PHI [2,3]. In fact, HIPAA is very broad in its definition of PHI: "The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)." [4] Finally, it's worth pointing out that some states (e.g, WA) have enacted their own legislation that specifically calls out genetic testing and data as PHI [5]. In addition, there is the GINA act, which provides some protections as well [6] [1]: https://cphs.berkeley.edu/hipaa/hipaa18.html [2]: https://www.hhs.gov/hipaa/for-professionals/faq/354/does-hipaa-protect-genetic-information/index.html [3]: https://www.law.cornell.edu/cfr/text/45/160.103 [4]: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html [5]: https://app.leg.wa.gov/billsummary?BillNumber=6284&Initiative=false&Year=1999 [6]: https://en.wikipedia.org/wiki/Genetic_Information_Nondiscrimination_Act