This paper will look at the vexing issue of balancing the two following fundamental public interest considerations in the context of ‘the new genetics’ - the maintenance of the confidentiality and privacy of human genetic information versus the disclosure of such information to the courts in the course of litigation and in the interests of the proper administration of justice.
To illustrate this quandary, the paper will look specifically at the nature and practice of genetic registers as appropriate repositories of human genetic information. The paper will look at the legislative enactments and case law decisions that complicate this area and will conclude with a statement of policy that, in the writer’s view, will provide an effective balance.
"Human Genetic Information, Genetic Registers and the Subpoena Duces Tecum: Balancing Privacy, Confidentiality and the Administration of Justice,"
Bond Law Review:
2, Article 5.
Available at: http://epublications.bond.edu.au/blr/vol16/iss2/5