With genetic testing being used increasingly in health care, there is a growing concern in regards to "genetic discrimination". On June 9, 2015, the Government of Canada introduced the Protection Against Genetic Discrimination Act, a new legislation that addresses this new, but rising issue of genetic discrimination.
Genetic testing is often used to develop the best treatment for disease and to advise patients if they are particularly susceptible to certain health risks, such as a genetic predisposition to develop breast cancer or other illnesses like heart disease, diabetes, and many other medical conditions. Patients may decide to have preventative surgery on the basis of the results of genetic testing.
Health care information for individuals now includes information from any genetic testing that they have received. If employers have access to health care information with respect to employees, there is a concern that the genetic information could influence decisions like promotions. For example, individuals may be less likely to be promoted to a senior key position in the company if genetic testing has disclosed that they are highly susceptible to heart disease.
In addition, insurers are entitled to examine the health care records of individuals in making decisions with respect to insurability and insurance rates. The results of genetic testing could cause an insurer to decline coverage, or to charge increased rates.
With the new legislation, the Canadian Human Rights Act is amended by adding a provision that:
The new legislation will also amend the federal Privacy Act and the Personal Information Protection and Electronic Documents Act to protect the privacy of individuals with respect to the results of genetic testing. The Privacy Act mainly applies to federal government institutions, while the Personal Information Protection and Electronic Documents Act applies to private-sector employers that are federally regulated. For example, banks, telecommunications, airlines and transportation services that are interprovincial or international are governed by federal privacy legislation.
The federal government is urging the provincial governments in Canada to make similar amendments to their own human rights and privacy legislation in order to prevent discrimination on the basis of genetic information.
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