Los “big data” genéticos y sus límites legales. especial mención a la investigación con datos genéticos y la crisis del covid-19

Abstract

Big genetic data involve large-scale analysis and processing activities, which are widely applied in scientific processes, such as in the field of biology or medicine. However, the use of these technologies entails numerous risks for the rights and freedoms of the subjects concerned, insofar as the inherent characteristics of genetic data make them highly damaging. In this respect, their secondary uses are particularly worrying in that they can give rise, among other things, to situations of genetic discrimination. The legislation has legally categorised genetic data as sensitive data, which motivates the application of the general principle of prohibition of their processing. However, exceptions are provided for example on the basis of the consent of the data subject or for public interest purposes. It is precisely the latter that has legitimised the processing of genetic and health data for research purposes in the health context motivated by Covid-19, making the principles of data protection more flexible in the fight against the pandemic.