Problem of Genetic Information in Life Insurance

Research Project

Project/Area Number	14520048
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Kanto Gakuin University (2003) Hitotsubashi University (2002)
Principal Investigator	ISHIHARA Akira Kanto Gakuin University, College of Law, Professor, 法学部, 教授 (60003018)
Project Period (FY)	2002 – 2003
Project Status	Completed (Fiscal Year 2003)
Budget Amount *help	¥2,200,000 (Direct Cost: ¥2,200,000) Fiscal Year 2003: ¥900,000 (Direct Cost: ¥900,000) Fiscal Year 2002: ¥1,300,000 (Direct Cost: ¥1,300,000)
Keywords	Genetic Information / Life Insurance / Privacy / Informational Self-determination / Human Dignity / Right not to know / adverse selection / 知らないでいる権利 / 一般的人格権 / プライヴァシー / 自身について知らないでいる権利 / 情報上の自己決定権
Research Abstract	About the issues of genetic information and life insurance, it is the most important legal matter whether insurance company can require the genetic testing as prerequisite for life insurance and to inform him of the results of genetic testing. As to this problem, we must first consider the influence which genetic information has to a person. This information, which is called a man's life blueprint, is concerned with Privacy. Traditionally we think it is the essence of privacy to protect against the misuse of one's privacy by another person. But as genetic information it is very important to recognize the right not to know as persnal exclusive right. This informational self-determination has to guarantee on the Constitution. We can find the bases in the Japan Constitution §13 and Japan Civil law §1-2. Moreover we have to take both the aim of life insurance system and discrimination into consideration. On the other hand, it is important for insurance company to prevent adverse selection. To this problem, we think it is better to make use of special cancellation on the basis of no good faith act by the insured.