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Routine DNA Tests For Newborns Mean Looming Privacy Problems

pogopop77 writes "CNN has an interesting story about how newborn babies in the United States are routinely screened for a panel of genetic diseases. Since the testing is mandated by the government, it's often done without the parents' consent. However, many states store that DNA information indefinitely, and even make it available to researchers with little or no privacy safeguards. Sometimes even the names are attached! Here is information on state-by-state policies (PDF) of the handling of the DNA information."

12 of 268 comments (clear)

  1. The important part of the article by thomasdz · · Score: 4, Insightful

    Lots of people probably don't mind "the government" keeping their DNA on file, but lots of people probably DO mind private insurance companies having the DNA data:

    "Since health insurance paid for Isabel's genetic screening, her positive test for a cystic fibrosis gene is now on the record with her insurance company, and the Browns are concerned this could hurt her in the future.
    "It's really a black mark against her, and there's nothing we can do to get it off there," Brown says. "And let's say in the future they can test for a gene for schizophrenia or manic-depression and your baby tests positive -- that would be on there, too."
    Brown says if the hospital had first asked her permission to test Isabel, now 10 months old, she might have chosen to pay for it out of pocket so the results wouldn't be known to the insurance company."

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    1. Re:The important part of the article by Anonymous Coward · · Score: 4, Insightful

      Brown says if the hospital had first asked her permission to test Isabel, now 10 months old, she might have chosen to pay for it out of pocket so the results wouldn't be known to the insurance company."

      ...which is just as bad, of course.

      The insurance business model relies upon insuring measurable, but fundamentally unknown risks.

      If you know you're going to get a condition that costs $1M to treat, you're going to want insurance against that condition. Conversely, if you know that you're not going to get any of these improbable-but-expensive conditions, (but will instead die of a nice cheap heart attack), you're better off not buying insurance in the first place.

      In the end, it will be this phenomenon - that consumers, en masse, can invest a small amount of money into a DNA test, and gain an informational advantage over the insurance company that's, actuarially speaking, worth more than the cost of the test - that kills the insurance industry as a business.

      In a world of cheap and widely-available DNA testing, it doesn't matter whether you keep the current system, or if you make coverage mandatory and have the government (the taxpayer) as the carrier of last resort. The end result is indistinguishable from single-payer.

      Unfortunately, Congress isn't interested in talking about health care reform, they're still talking about health insurance reform. The only difference is that the middleman, who can afford the lobbyists, gets a cut of the pie.

    2. Re:The important part of the article by Mr.+Slippery · · Score: 4, Insightful

      The last grovernment that tried to use genetics to modify it's society of illness didn't have the technology, so they just resorted to gassing millions of the "unfit" to protect the chosen.

      The Nazis were just more vigorously implementing a eugenics concept that originated in the U.S., where compulary sterilization was carried out on over 60,000 people. (The SCOTUS okayed this in Buck v. Bell, which has not been overturned.)

      If you kill the baby before birth because of a genetic code defect, it is the same result. Just less gas and mass of bodies, but the results are the same.

      You can't kill a "baby" before it's born., because it's not a "baby" yet. It's a fetus, embryo, blastocyst, or zygote. The distinction is very important: selecting which of several embryos to implant in order to avoid creating a person with a genetic disorder, is not the same as killing a three month old infant.

      If the "lives" program were implemented as suggested by Rahm Emanuel then I would not have two wonderful children.

      Sorry, you lost me here. Are you suggesting that Rahm Emanuel has been advocating some sort of forced eugenics program? Link, please?

      Did they have downs? Nope, just similar gene issues, but mentally they are higher than their peers.

      What the heck is "similar" to trisomy 21? Down's syndrome is not a subtle genetic alteration, it's a whole extra copy of a chromosome.

      But I guess he wouldn't want to teach them to take responsiblities for their actions... no reason to teach that anymore.

      Aborting a fetus rather than having a baby you can't properly care for, is responsible behavior. (Of course using contraception and not getting pregnant in the first place is even more responsible.)

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  2. names egregious, but not relevant by neurogeneticist · · Score: 5, Insightful

    Sadly, a genotype fingerprint of just 24 well-selected markers is enough to differentiate an individual, with an error rate far lower than 1/ # of people on the planet. So while having names attached to samples is ethically deplorable, in practice it doesn't really even matter. I do genetic research, and the first thing we do is de-identify samples in the database. When we get samples from other sites with names still on them, we get pissed at the site. It's just sloppy, and certainly doesn't help the research.

  3. Re:GATTACA by Anonymous Coward · · Score: 5, Insightful

    When did insurance companies start to care about laws? They'll just deny your application without any reasons or make one up. What makes you think their hordes of lawyers wouldn't find a way to weasel around such irrelevant laws?

  4. Insurance by Orgasmatron · · Score: 3, Insightful

    You also can't get fire insurance after your house burns down.

    If you already have an expensive condition, the concept of insurance no longer applies to you. It is no longer possible to pool your risk. At that point, you are looking for a SUBSIDY.

    Insurance is only possible when you have a large pool of people looking to mitigate the risk of a low probability but high downside event. Mathematically, fire insurance is a terrible purchase. The cost of premiums times the chance of having a claim is WAY higher than the expected payout. But you buy it because the downside is huge and you don't know if you are going to be on the unlucky side or not.

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  5. The day will come when this is used maliciously by mbone · · Score: 4, Insightful

    We used Census records (supposedly secret for a century) to help find Japanese to intern in World War II.

    In the same war the Germans, of course, respected no privacy constraints at all, and used any information they could get for all sorts of much more nefarious projects.

    I am old enough to remember that, not only were blacks segregated in the South, but that blood tests would be run to determine just who was and wasn't black, in borderline cases. If DNA testing had been available, I have no doubt it would have been used.

    So it seems pretty clear that DNA information, if kept indefinitely in an identifiable fashion, will eventually be used maliciously. A long and lamentable history shows that we can count on that. The question is, are we going to act on this knowledge, or do nothing about it, and continue to let things slide into what could be a very nasty future.

  6. Re:From someone who does Genetic Testing by Rogerborg · · Score: 4, Insightful

    They legally can not currently use genetic testing to prevent you from getting a job or insurance

    Fixed that for you. It's really just a question of how much lobbyists will have to pay to be allowed to do end runs around GINA. For a baby born now, they've got 70+ years to manage it.

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  7. Re:From someone who does Genetic Testing by SecurityGuy · · Score: 5, Insightful

    Oh, thank $DIETY, as long as it's not legal, we're fine. Can we talk about illegal wiretaps by the government en masse in recent years with the cooperation of major telecoms, where nobody will ever be prosecuted?

    Your wife's right, nobody's going to go back to a paper card for information. They're going to go to a database where getting this information is easy and inexpensive. Just look to jurisdictions that do or want to take DNA if you're convicted or accused of a crime, or in some cases arrested. If this information isn't in a database now, it will be when someone comes up with a perfectly reasonable and innocuous reason to do it. The abuse of the data comes later. The medical field is great at this, sadly. It makes me angry when I get forms, like I did for umbilical cord blood donation, that talk about how it can save lives of my child or others if they have some condition or other.. ...oh, and we can use it for research if we want. ...oh, and we can also use it for anything else we want, without limitation.

    What? No. Stop being ridiculously unreasonable and overreaching. Ok, testing for certain genetic diseases is a good idea. You may proceed. You may not keep the samples. You may not do anything with the information that doesn't directly benefit my child's health without my consent.

  8. Re:GATTACA by BlueStrat · · Score: 3, Insightful

    Otherwise too many people fail to make provisions for the inevitable, and then fall back on the rest of us.

    See, that's where it gets dicey. Once you start down the path to limiting individual choices and freedoms for "the good of society", things just can't end well when you figure in every government's natural tendency to expand in size and scope while removing ever-more individual freedom.

    Just how much individual choice/freedom sacrificed for the "greater good" is too much? Since bad health costs more, and diet is so important, will the government mandate government-healthcare-prescribed daily diets? How about exercise? Mandatory exercise/gym membership? Traffic fines for going out in the cold without your scarf?

    Some lifestyles, sports, hobbies, etc could have a huge impact on an individuals' healthcare costs, so might they be regulated too?

    I just think America can reduce healthcare costs and take care of those without insurance without a 2,000-page purely one-party bill put together in secret backroom deals attempting to completely restructure ~20% of the US economy and having the government intruding even more on individual freedom and choice while likely actually increasing healthcare costs and the national debt with a new entitlement, reducing quality-of-care, still not insuring everybody, and not even addressing tort reform.

    Shouldn't reform actually...you know...*reform*?

    We can do much, much better.

    Strat

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  9. Re:Uninsurable by El+Gigante+de+Justic · · Score: 3, Insightful

    With no interest I would have $35,000 right now minus 7 routine check ups @ a couple hundred dollars each cash. If I invested that $5000 a year in a savings account that earns 2% interest starting now, when I am 50 I will have $172,009. I am basically gambling that I will require over $172,000 worth of medical care by the time I am 50. Even though the chances of that being the case are very small.

    1)Good luck finding a savings account that actually pays out 2% interest (yes I know there are a few, but they keep dropping rates as long as the fed stays at 0-0.25%. Mine has dropped from 3% to 1.2% in the last 18 months). CDs aren't much better unless you're willing to lock it up for a long time. 401k is the best, but the money is not then available if you do need it for medical expenses.

    2)You'd be amazed at how quickly you can rack up $172,000 in medical expenses and the chances are probably higher than you think. Cost per day in a hospital is anywhere from $1000-$3500, depending on level of care. If you get in an auto-accident or have some other condition requiring emergency surgery, that's very expensive. Plus, if you're uninsured, you get charged more or you may be denied non-emergent care unless you can prove the ability to self-pay. Chemo treatments can easily be $5000 per treatment or more, and a typical course would be 6 weeks of treatment 3 times a week.
          Also take into account any lost wages due to a serious injury or medical condition leading to hospitalization and possibly long recovery.

    3)You also need to take into account costs of what would happen if you had a large medical expense now, not covered by insurance. The interest rate on any debts accrued because of it would most certainly be greater than the 2% you would gain in a savings account.

  10. Re:From someone who does Genetic Testing by Rich0 · · Score: 4, Insightful

    Plus, this ignores the other side of the case - if you KNOW your kid will never get cystic fibrosis, why pay for insurance that covers that disease? If you KNOW your kid will be diabetic (most likely), why not go ahead and buy the super-deluxe no-copay/no-limit health plan?

    Insurance only works in the absence of knowledge by BOTH parties. Genetic testing makes true insurance impossible.

    Now you can still have socialized medicine, and many people call it "insurance" but that really isn't what it is. A kid born with a bad heart valve or whatever doesn't need insurance - they need health care. In the US, for a number of reasons, the one has become synonymous with the other. What most people think of as "insurance" is just a discount buying plan so that you're not taken advantage of by price-gouging hospitals and doctors/etc.

    Note, this isn't intended as a criticism of either private insurance or socialized medicine. The problem we as a society has it that most people don't really appreciate what both of these things really are, and what their inherent pros/cons are. The fact that people with a profit motive (from insurers to vendors to doctors to everybody else) bribe politicians left and right doesn't help to clarify things either.