2003 Fiscal Year Final Research Report Summary
Problem of Genetic Information in Life Insurance
| 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
|
| Keywords | Genetic Information / Life Insurance / Privacy / Informational Self-determination / Human Dignity / Right not to know / adverse selection |
|---|
| 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.
|
Research Products
(2 results)
