Legal problems related to the use of genetic information in other cases

Abstract

This article aims to investigate legal problems regarding the use of genetic material in cases other than criminal cases in which the victim or defendant's genetic material is stored. This genetic material is considered as the sensitive personal data under Article 6 of the Personal Data Protection Act B.E. 2562 and the Government Information Act B.E. 2540, in which government agencies have the right to use or keep personal information but to be used in any other criminal or civil case, permission must be obtained from the owner of the genetic material except for the prevention or suppression of danger to the life, body or health of a person or is the case required by law.

However, Thailand does not enact laws governing any operations related to the management of genetic information such as foreign countries such as the UK, France, the Netherlands and Germany.

From the study, the recommendation will propose the following:

1) The provisions of Section 4 (2) of the Personal Data Protection Act B.E.2019

2) The royal decrees and regulations related to genetic material should be proclaimed that, by virtue of the Personal Data Protection Act B.E. 2562 (2019), storaging, determining the fault process for requesting use of genetic material, storage period and the deletion or destruction of genetic material data.

3) The Personal Data Protection Act B.E. 2562 should be amended to allow the use of genetic material data should establish a Genetic Information Management Committee.