Disability Act 2005
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Genetic testing and processing of genetic data. |
42.—(1) Genetic testing shall not be carried out on a person unless— | |
(a) the testing is not prohibited by law, and | ||
(b) the consent of the person to the processing of any genetic data to be derived from the testing has been obtained in accordance with the Acts. | ||
(2) A person shall not engage in the processing of genetic data in relation to— | ||
(a) the employment of a person save in accordance with the provisions of section 12A of the Data Protection Act 1988 (as inserted by the Data Protection (Amendment) Act 2003 ), | ||
(b) a policy of insurance or life assurance, | ||
(c) a policy of health insurance or health-related insurance, | ||
(d) an occupational pension, a retirement annuity contract or any other pension arrangement, | ||
(e) the mortgaging of property. | ||
(3) A person shall not process genetic data unless all reasonable steps have been taken to provide the data subject with all appropriate information concerning— | ||
(a) the purpose and possible outcomes of the proposed processing, and | ||
(b) any potential implications for the health of the data subject which may become known as a result of the processing. | ||
(4) A person who contravenes subsection (2) or (3) shall be guilty of an offence; an offence under this subsection shall be deemed to be an offence to which section 31 of the Data Protection Act 1988 applies. |