LEGAL ISSUES OF REGULATION OF THE USE OF GENETIC INFORMATION BY THE NORMS OF THE CURRENT LEGISLATION

Abstract

In this article, the author examines the issues of improving the national legislation of the Republic of Kazakhstan in the field of ensuring the protection of personal data, namely in the field of the use and protection of genetic information. The possibilities of modern information carriers and technical innovations require the introduction of provisions into national legislation based on international standards and regulations regarding the preservation of confidentiality and the preservation of restrictions on access to information of a personal nature. Kazakh legislation does not define the concept of "genetic information", although it considers the institution of "genomic information", which also refers to personal data. The analysis of the provisions of the legislation determines the need to clarify the content of the concept of "genetic information", as well as to establish the procedure for its use. Genetic information in Kazakhstan is entered into an electronic portal and is available to legal entities in the field of public health care, medical personnel, government agencies and employees, an unlimited number of persons who have the opportunity to register, record and other actions through the IIN. On the basis of which it is necessary to have a legally established procedure for implementing the provisions of the current legislation on obtaining the patient's consent to access his personal data in order to eliminate unauthorized access to information, implement various methods of illegal enrichment or other use of data for selfish purposes. The practice of foreign states determines the possibility of creating a non-personalized database for the use of genetic information for scientific purposes, as well as the creation of mechanisms for the digital protection of personal data. National legislation should regulate in detail both the objects of legal protection of personal data, and the mechanism of their use and protection.