ABSTRACT
The UK Human Genetics Commission (HGC) – and also the Australian Law Reform Commission (ALRC) – have recently proposed that a new criminal offence should be created in relation to the ‘non-consensual or deceitful obtaining and/or analysis of personal genetic information for non medical purposes’ (HGC) 1 or that ‘Criminal liability should attach to any individual or corporation that, without lawful authority, submits a sample for genetic testing, or conducts genetic testing on a sample, knowing (or recklessly indifferent to the fact) that the individual from whom the sample has been taken did not consent to such testing’ (ALRC). 2 This paper considers the desirability of such an offence, in particular, the activities that might be considered criminally culpable; whether the criminal law rather than the civil law should be utilised to protect any legal interest that people have in their own bodily material and genetic information; and the terms in which the proposed offence might be phrased. The author concludes that the proposals of both the HCG and the ALRC for a new criminal offence are appropriate but there are likely to be difficulties in drafting a new statutory offence.
