Privacy Commissioner Asks Insurers to Stop Genetic Testing

This article was last updated on April 16, 2022

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Office of the Privacy Commissioner of Canada is recommending life and health insurers to stop asking for access to genetic test results from its applicants, which is a step that has drawn significant criticism from the industry as it says that the data is crucial for companies to adequately price their policies.

A request made by the Privacy Commissioner’s office has asked insurers to go beyond their voluntary moratorium on asking clients to undergo tests. It stated that without the assurance of permanent privacy, some people would refuse to undergo exams due to fear of the results being eventually used against them. The statement said that “it is not clear that the collection and use of genetic test results by insurance companies is demonstrably necessary, effective, proportionate or the least intrusive means of achieving the industry’s objectives.” The genetic tests are capable of showing a vulnerability to cancer or other disease.

A law in U.S. disallows genetic discrimination by employers and health insurers. However, the U.S. National Institutes of Health confirmed that the Genetic Information Nondiscrimination Act of 2008 doesn’t apply to life insurance or long-term care coverage. Meanwhile, Vice president and general counsel for the Canadian Life and Health Insurance Association, Frank Zinatelli, said that “they say these tests aren’t necessary, we think they are.” Speaking on behalf of the industry group that represents 99 percent of the industry in the country, Zinatelli stated that “this would be significant if we were not permitted to collect information that’s relevant to assess risk properly.”

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