Nothing more private than DNA
Commercial DNA tests, popularized by companies like 23andMe and Ancestry DNA, have become a huge industry, selling millions of kits to curious customers across the world. Consumers have been intrigued by the tests’ insights into a person’s genetic makeup, predisposition for certain conditions and ancestral background. But these same tests could also be used by insurance companies to set unfair rate increases or exclusionary policies for policyholders with certain genetic markers.
To prevent this type of discrimination, Florida recently became the first state to enact a DNA privacy law, prohibiting life, disability and long-term care insurance companies from using genetic tests for coverage purposes.
Federal law already prevents health insurers from accessing Americans’ genetic code or refusing coverage on the basis of a congenital health condition. But the Florida bill takes things a step further, extending the genetic protections to those seeking other forms of insurance.
The bill will not prevent life insurers from accessing a current or prospective policyholder’s medical history. But it will prevent them from accessing a person’s genetic code, which may contain markers for certain medical conditions that individual will never develop.
Bioethicists and privacy advocates have scrutinized commercial genetic testing companies in the past as concerns have been raised about what collected information those companies may share with third parties, including law enforcement, pharmaceutical companies and insurers.
The Florida bill resolves at least one of these concerns, blocking insurers from unfairly altering rates, policies or denying coverage altogether on the basis of a person’s genetic makeup.
Other states, or even Congress, should follow Florida’s lead. A person’s genetic makeup can offer clues about what conditions he or she may develop, but it is not a guarantee. And insurers should not be allowed to make discriminatory decisions based on this information.
In the meantime, consumers throughout the rest of the U.S. should remain wary of commercial DNA testing. The gimmick may seem neat, but the risks of what a company could do with your genetic information — including sharing it with others — far outweigh the benefits.