نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Developments in medical genetics and the expansion of molecular testing have led to the emergence of a category of biological data with a deeply personal and sensitive nature called "genetic information" that has extensive legal, social, and criminal implications. Unauthorized disclosure of this information by a physician or laboratory, in addition to violating the patient's privacy, can lead to irreparable consequences, including genetic discrimination, harm to human dignity, and disruption of public trust in the health system. In this article, using a descriptive-analytical method and a comparative approach, a criminal analysis of the disclosure of patients' genetic information in the legal systems of Iran and Germany is addressed. The research findings indicate that in the Iranian criminal system, despite the inclusion of Article 648 of the Islamic Penal Code regarding professional secrets, there is no specific and explicit criminalization of the disclosure of genetic information. Also, the weakness in defining concepts, the failure to determine the legitimate limits of disclosure, the lack of a specialized supervisory body, and the lack of technical standards for the protection of biological data are considered to be the most important legal gaps in Iran in this area. In contrast, the German legal system, by utilizing specific laws (such as the Genetic Diagnosis Law) and Union regulations (GDPR), has provided effective criminal protection for patients against unauthorized disclosure, while accurately identifying genetic data. Finally, it is suggested that the Iranian legislator adopt an active criminal policy towards this emerging challenge by formulating a specific law to protect genetic information, revising Article 648 of the Civil Code, determining instances of legitimate disclosure, and providing for a specialized supervisory body.
کلیدواژهها English