Next on your agenda: Genetic privacy

Who could forget the scene in the film Minority Report where the police -- following a tip from mutants who could see the future -- raided a house and arrested a man before he could commit a foreseen crime? It was a fantastic scenario, but it framed a dilemma we in America may be approaching faster than we think: Can organizations ethically use personal information about an uncertain future to change a person's benefits or freedoms in the present moment?
The field of genetics may be bringing this policy dilemma to corporate doorsteps in the next few years. How? Scientists are already identifying an increasing number of genetic variations that indicate that people with them are more susceptible to certain diseases or behavior disorders. According to the Genetic Alliance, which lobbies against genetic discrimination in the marketplace, there already are tests for about 700 genetic disorders, with a sharp increase in that number expected in the future
What's fueling the increase? Biomedical companies and organizations such as the National Human Genome Research Institute are seeking ways to tailor medical treatments to people with known genetic risks. This is a good thing that we all stand to benefit from.
But there's a downside to the systematic collection of personal genetic information (PGI). Companies that know the PGI of their prospective customers and employees could save money and liability by avoiding relationships with genetically risky individuals or by charging those people higher prices and premiums.
Some DNA testing is already taking place in the workplace. The Genetic Alliance claims it receives regular reports of employees who encounter objectionable genetic testing by their employers. In October, the Chicago Bulls basketball team made the headlines when it traded its star center Eddie Curry after he refused to take a DNA test for a heart condition that kept him out for three months last season.
What's the current legal status for companies using PGI? Fairly wide open. In 2000, the U.S. government banned the use of genetic discrimination in the federal workplace, but no similar ban exists in the private sector. According to the National Conference of State Legislatures, 32 states have laws addressing genetic testing in employment, but few prohibit these tests as a condition for employment. In 1995, the U.S. Equal Employment Opportunity Commission defined the genetic predisposition to disease as within the scope of the Americans with Disabilities Act (ADA), but experts expect this to be challenged in court. Last February, the U.S. Senate passed the Genetic Information Nondiscrimination Act, but the