A WARNING from Britain鈥檚 data protection watchdog has forced insurance
companies to drop their demand for access to genetic test results, even if they
don鈥檛 use the information.
Elizabeth France, Britain鈥檚 Data Protection Registrar, has told the
Association of British Insurers (ABI) that its policy on genetic testing may
breach the 1984 Data Protection Act. The ABI鈥檚 policy, announced in February,
requires that people applying for life insurance reveal the results of any
genetic tests they have had. Most insurance companies have pledged to ignore
test results when they are disclosed by someone applying for life insurance of
up to 拢100 000 linked to a new mortgage.
鈥淭he problem with this is that under the act, personal data held for any
purpose should be `adequate, relevant and not excessive鈥�,鈥� says David Smith,
France鈥檚 deputy. 鈥淚nsurers would therefore be in danger of breaching the act if
they recorded on computer test results that they did not use.鈥�
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This situation will not change when the European Union鈥檚 Data Protection
Directive is implemented in October 1998. The ABI has said it will publish a new
code of practice by January which will call on insurers not to ask for genetic
test results unless they intend to use them.
The ABI may have to make more changes to its code. The government鈥檚 Human
Genetics Advisory Commission is now analysing the results of a consultation with
insurers and others. It hopes to report to the government by the end of the
year.
In the US, President Bill Clinton has said he plans to make it illegal for
insurance companies to use genetic tests to deny insurance or raise a person鈥檚
premiums. 鈥淎mericans should never have to choose between saving their health
insurance and taking a test that could save their lives,鈥� he told a White House
meeting in July.