Право на приватност и заштита генетских информација у области рада и запошљавања

• Published in: Srpska politička misao no. 4; pp. 181 - 198
• Main Authors: Stojković-Zlatanović, Sanja, Sovilj, Ranko P
• Format: Journal Article
• Language: Serbian
• Published: Институт за политичке студије 2017; Institute for Political Studies
• Subjects: Civil Law; Health and medicine and law; Right to Privacy; Health and Safety at Work; Diseases Prevention; Employment; Genetic Information
• ISSN: 0354-5989

Protection of genetic information in the context of right to privacy is, probably, the most intriguing issue surrounding workers’ rights in modern labour law. Development in biotechnology means better protection of human health, taking into account prevailing preventive principle but also it poses a significant challenge in exercising of workers’ rights. Genetic information represents sensitive personal information protected by the law whose misuse could lead to violation of fundamental human rights, right to privacy and, consequently, right to decent work. Genetic information has a special status meaning that, it could give information about current and future health condition of carrier and his family member. For workers’ this information could be important in order to plan future employment engagement and to take a preventive health measures. For employers, genetic information of worker is valuable in the context of conducting preventive health measures i.e. ensuring workers safety, property protection and assessment of work capacity as well. Genetic testing at the workplace could be justified as a preventive measure and employer duty to provide a safe working environment. However, it implies that genetic testing must be conducting in a context of particular job and as such explicitly provided by the law based on written informed consent of worker. Legal basis to restrict the collection of genetic information could be considered in the context of the right to privacy, antidiscrimination principle and principle of decent work. In domestic law prohibition of genetic discrimination require the need for legal intervention, supervision and regulation of genetic testing in labour and employment. It means that legislator need to balance between multiple, complex rights and responsibilities.