FC: Query from a father about genetic privacy and clinical trials

From: Declan McCullagh (declanat_private)
Date: Fri Dec 06 2002 - 08:03:55 PST

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    Subject: clinical trials and genetic privacy
    Date: Fri, 6 Dec 2002 09:55:33 -0600
    From: deleted
    To: <declanat_private>
    
    Declan:
    
    I don't know whether this would be something you would be willing to
    have addressed on Politech or not ... but I would appreciate it if you
    would post this.  Here's the deal: I have several children, one of whom
    was recently diagnosed with a serious, life-long autoimmune disease with
    both genetic and environmental precursors.  Which one isn't important,
    but suffice it to say that it is incurable, chronic, costly, and
    disruptive of the lives of those suffering from it, and that medical
    science doesn't know very much about the disease process.  There have
    been several breakthroughs lately, however, in which scientists have
    identified some genetic markers that, when present, predispose those
    possessing them to eventually developing the condition.  They are only
    predispositive, however, not a certainty; why some people possessing
    these alleles go on to develop the autoimmunity (and hence the disease)
    while others don't remains a mystery, although there are no shortage of
    plausible theories.
    
    Our family has been asked to participate in a clinical trial in which
    blood samples would be drawn from my wife and myself, as well as the
    children, for the purpose of detecting the presence of the
    predispositive genetic markers, as well as the auto-antibodies that are
    the proximate cause of the disease.  Based on these results, each of us
    would then be assigned a number describing the statistical risk of
    eventually developing the disease.  Participation in subsequent aspects
    of the trial would depend on these risk scores.  To participate, we
    would have to sign a standard consent form, one part of which states
    that our blood samples would "be stored, coded to protect [our]
    identit[ies], and that [our] identit[ies] will not be disclosed to
    anyone without [our] permission, *except when required by law*"
    (emphasis added).
    
    My question is this: under what circumstances could disclosure be
    required by law?  In other words, are we talking only in extraordinary
    circumstances, such as a lawsuit in which we could be represented by
    counsel and contest the disclosure?  Or would interns at NIH (the
    funding organization) be able to look this stuff up and (in the
    worst-case scenario) post it on the internet?  And who (or what entities
    or organizations) could force disclosure without our consent, and why?
    The main reason I can see for wanting to prevent such disclosure has to
    do with our ability to obtain health, disability, life, and long-term
    care insurance in the future.  My wife and I want very much to do
    whatever we can to contribute to the fight against this awful disease,
    but not if it means we would be potentially sacrificing our, or our
    children's, future welfare.
    
    It is my hope that some of your readers with legal training might be
    able to answer these questions for me.  For obvious reasons, I would
    prefer that you delete all identifying information from this letter if
    you decide to post it, and sign me
    
    A Concerned Father.
    
    
    
    
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