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مجلة الدراسات القانونية والاقتصادية
كلية الحقوق-جامعة السادات
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Science developed rapidly, and man began to benefit from these leaps and scientific revolutions that brought about a qualitative change and leap in life, by adapting them to serve all of humanity. Biotechnology was one of the important areas that were affected and developed by these modern scientific and technical developments. Unprecedented scientific and technological developments have increased the practice of genetic testing for medical and non-medical purposes. Biotechnology has opened horizons and many fields that were not imagined several years ago. During the past two decades, scientists have made many discoveries and achievements that revolutionized this field. By examining genes, many aspects of a person's life can be known, not only the physical aspect of it. Rather, the matter has evolved in knowing other aspects related to the mental and emotional aspect, his personal tendencies, and his current and future health status.
Protecting genetic data and preserving its privacy has gained great importance, especially since it raised many questions, especially with regard to the actions related to it and the texts that can be applied to it, given the lack of independent protection for it, although this data represents the repository of genetic secrets, because it is the main source. For the information you are going to protect the right to privacy. In view of the importance of biotechnologies and their uses, and the international nature that characterizes them, especially since this science is not limited in its application to a specific country, given that its results will be reflected in the entire international community, and therefore it was necessary to appear some international treaties and agreements that protect the human genome and genetic data in addition to To respect human privacy and not use that data to distinguish between him and others, which was also reflected in national constitutions and legislation.
And since obtaining genetic data requires intervention to take a sample from the person for analysis and then know his genetic characteristics, which may be processed and stored, thus violating his personal right to physical integrity and individual freedom as well as violating his constitutional right to privacy, and therefore the constitutional and legal rules imposed many guarantees to address And the storage of genetic data, and the constitutional judiciary in many countries formed a fence around the constitutional rights of people with regard to their genetic data, and the judiciary balanced between the constitutional right of a person to privacy and justifications for intervention for the legitimate interests of the public interest.
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