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Mining the human genome after Association for Molecular Pathology v. Myriad Genetics
The Supreme Court's recent decision in Association for Molecular Pathology v. Myriad Genetics portrays the human genome as a product of nature. This frames medical genetics as an extractive industry that mines a natural resource to produce valuable goods and services. Natural resource law offer...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Nature Publishing Group
2014
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4063888/ https://www.ncbi.nlm.nih.gov/pubmed/24357850 http://dx.doi.org/10.1038/gim.2013.186 |
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author | Evans, Barbara J |
author_facet | Evans, Barbara J |
author_sort | Evans, Barbara J |
collection | PubMed |
description | The Supreme Court's recent decision in Association for Molecular Pathology v. Myriad Genetics portrays the human genome as a product of nature. This frames medical genetics as an extractive industry that mines a natural resource to produce valuable goods and services. Natural resource law offers insights into problems medical geneticists can expect after this decision and suggests possible solutions. Increased competition among clinical laboratories offers various benefits but threatens to increase fragmentation of genetic data resources, potentially causing waste in the form of lost opportunities to discover the clinical significance of particular gene variants. The solution lies in addressing legal barriers to appropriate data sharing. Sustainable discovery in the field of medical genetics can best be achieved through voluntary data sharing rather than command-and-control tactics, but voluntary mechanisms must be conceived broadly to include market-based approaches as well as donative and publicly funded data commons. The recently revised Health Insurance Portability and Accountability Act Privacy Rule offers an improved—but still imperfect—framework for market-oriented data sharing. This article explores strategies for addressing the Privacy Rule's remaining defects. America is close to having a legal framework that can reward innovators, protect privacy, and promote needed data sharing to advance medical genetics. Genet Med 16 7, 504–509. |
format | Online Article Text |
id | pubmed-4063888 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2014 |
publisher | Nature Publishing Group |
record_format | MEDLINE/PubMed |
spelling | pubmed-40638882014-07-10 Mining the human genome after Association for Molecular Pathology v. Myriad Genetics Evans, Barbara J Genet Med Special Article The Supreme Court's recent decision in Association for Molecular Pathology v. Myriad Genetics portrays the human genome as a product of nature. This frames medical genetics as an extractive industry that mines a natural resource to produce valuable goods and services. Natural resource law offers insights into problems medical geneticists can expect after this decision and suggests possible solutions. Increased competition among clinical laboratories offers various benefits but threatens to increase fragmentation of genetic data resources, potentially causing waste in the form of lost opportunities to discover the clinical significance of particular gene variants. The solution lies in addressing legal barriers to appropriate data sharing. Sustainable discovery in the field of medical genetics can best be achieved through voluntary data sharing rather than command-and-control tactics, but voluntary mechanisms must be conceived broadly to include market-based approaches as well as donative and publicly funded data commons. The recently revised Health Insurance Portability and Accountability Act Privacy Rule offers an improved—but still imperfect—framework for market-oriented data sharing. This article explores strategies for addressing the Privacy Rule's remaining defects. America is close to having a legal framework that can reward innovators, protect privacy, and promote needed data sharing to advance medical genetics. Genet Med 16 7, 504–509. Nature Publishing Group 2014-07 2013-12-19 /pmc/articles/PMC4063888/ /pubmed/24357850 http://dx.doi.org/10.1038/gim.2013.186 Text en Copyright © 2013 American College of Medical Genetics and Genomics http://creativecommons.org/licenses/by-nc-nd/3.0/ This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 3.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/ |
spellingShingle | Special Article Evans, Barbara J Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title | Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title_full | Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title_fullStr | Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title_full_unstemmed | Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title_short | Mining the human genome after Association for Molecular Pathology v. Myriad Genetics |
title_sort | mining the human genome after association for molecular pathology v. myriad genetics |
topic | Special Article |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4063888/ https://www.ncbi.nlm.nih.gov/pubmed/24357850 http://dx.doi.org/10.1038/gim.2013.186 |
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