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Canada Privacy The Courts Science

Canadian Genetic Non-Discrimination Act Upheld (www.cbc.ca) 57

Long-time Slashdot reader kartis writes: Canada's Supreme Court upheld the Genetic Non-Discrimination Act (GINA) which prohibits under criminal penalty, employers or insurers from demanding or using genetic information. This was a result of a private member's bill in Parliament, which meant it passed without the government's support, and in fact both the Federal government and Quebec government (which had gotten it declared unconstitutional as outside federal powers) argued that it extended criminal powers into a provincial jurisdiction. Well, the Supreme Court has surprisingly upheld it in a 5-4 decision, which means great things for Canadians' privacy, and also suggests a wider ability for federal privacy legislation than many jurists had thought.
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Canadian Genetic Non-Discrimination Act Upheld

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  • by SirAstral ( 1349985 ) on Friday July 10, 2020 @10:30PM (#60285468)

    Hopefully they will be adding the collection of bio-metric data as well. People may not realize it now, but that has the potential to become the same problem. Your bio-metrics will change based on illnesses as well, they will certainly be able to track down your medical history the same way with bio-metrics.

    • >"Your bio-metrics will change based on illnesses as well,"

      I think that depends on which biometric. For example, your fingerprints, and vein patterns in your eyes or palm are not typically going to change based on your heath. It depends on what is being collected. If you collect only the patterns- those are stable. But if, during the collection of a fingerprint, you also measure pulse, bloodflow, oxygenation, skin resistance, temperature, etc, THOSE could reveal health data. And I can certainly see

      • by Rhipf ( 525263 )

        This is purely hypothetical but maybe it will be/is possible to determine health related changes based on the change in those bio-metrics. For example, the basic pattern of your finger prints may not change but if you are retaining liquids the spacing of the fingerprints would widen (very slightly but detectable?) and because of this widening of the pattern it could be deduced that you are at a greater risk for health insurance. The same may be applied to retinal patterns. The actual pattern may stay the sa

  • The EU passed a similar law, and their courts interpreted it to mean no discrimination based on gender, since X and Y chromosomes are genetic information.

    So young men and women have to pay the same for car insurance (even though men have more accidents) and health insurance (even though men don't get pregnant).

    If you assume the point of insurance is to pool unavoidable risk, that's probably working as intended.

    • by NateFromMich ( 6359610 ) on Friday July 10, 2020 @11:25PM (#60285584)

      The EU passed a similar law, and their courts interpreted it to mean no discrimination based on gender, since X and Y chromosomes are genetic information.

      So young men and women have to pay the same for car insurance (even though men have more accidents) and health insurance (even though men don't get pregnant).

      If you assume the point of insurance is to pool unavoidable risk, that's probably working as intended.

      And that sounds about as fair as you can get. Not all men are driving like idiots and not all women get pregnant, so you shouldn't be punishing them for others lifestyle choices.

      • by bsolar ( 1176767 )

        Depends on what you consider fair. As example, health insurance for somebody born with disabilities or chronic illness would be ridiculously expensive if said individual had to pay its "fair" share according to his/her individual situation.

        In most modern countries the concept of "fairness" is more like "everyone has right to reasonably affordable health insurance", meaning that the collective pays as a group so that even those with preconditions have their fair chance at getting insured at a reasonable pric

        • by Strider- ( 39683 )

          In most modern countries the concept of "fairness" is more like "everyone has right to reasonably affordable health insurance",

          You’re American aren’t you? In most modern countries, you simply get your medical care covered through a public health system (be it single-payer insurance like Canada, or other systems). it’s only in the US where you pray that you can get “affordible” health insurance for a reasonable price.

          • by bsolar ( 1176767 )

            No, I'm not American.

            I actually fail to understand what your point is: public health care is the most egregious way to provide everyone with reasonably affordable health care. It's not that since the premiums are paid through taxes that they are ultimately not paid and taxes are typically determined to be affordable depending on income.

            • You don't seem to understand. You're not even allowed to sign up for health insurance except for a few weeks each year.

              https://www.healthcare.gov/glo... [healthcare.gov]

              • by bsolar ( 1176767 )

                That seems some speciality of the US universal health care system which is quite a bad system and would be wary to use as "representative" of how an universal health care system should operate.

                Even said that, the implementation might me crap, but the goal is still to be "fair" in allowing people to obtain health care.

    • If you assume the point of insurance is to pool unavoidable risk, that's probably working as intended.

      Yes, you can have fewer big pools, or many little pools. The entire concept of insurance becomes more and more diluted as you move further towards the later. At the extreme you are a pool of one and would be better of self insuring that paying someone to do it for you.

      • Surely if you are a pool of one then the pot only includes your own money, so in many ways youâ(TM)d simply be providing a mechanism for stashing the money away until you needed it?

        • Surely if you are a pool of one then the pot only includes your own money, so in many ways youâ(TM)d simply be providing a mechanism for stashing the money away until you needed it?

          Absolutely. Or even just making sure you have serviceable credit available should the need arise without the need to stash anything.

    • by dryeo ( 100693 )

      Where I am, the only discrimination for car insurance, besides previous accidents and price of car and location, is how long you've been driving. A new driver pays X amount no matter their age, sex and occupation (besides whether they drive to work or not), with a discount every year without an accident until 8 years later you get a 40% discount.

  • From my outsider understanding of Obamacare, disallowing denial of coverage based on pre-existing conditions was one of the key points that proponents cheer and opponents hate, but either way, your genetic makeup is just an extension of the same principle. It may not be pre-existing today, but if you are predisposed genetically than that is really just a little bit less pre-existing.

  • The VAriable Genetic Non-Discrimination Act!
  • This was a result of a private member's bill in Parliament, which meant it passed without the government's support

    This is inaccurate. Firstly, being a Private Members Bill doesn't automatically mean that it's something the Government doesn't support. The Government frequently supports Private Members Bills.

    In this case Cabinet didn't support the bill, however backbench members of the governing Liberal Party still voted for it in sufficient numbers to pass. It (apparently) wasn't a whipped vote, and the government allowed members to vote freely for or against the bill.

    So it's accurate to say the government wasn't in

    • by iserlohn ( 49556 )

      It's a bit more than that though. Bills can be introduced by Government, or as a Private Members Bill. There is no reason for the Government to introduce a Bill that they don't support and intend to pass. There is also a very limited set of reasons in which a Bill that has the support of Government is not introduced by Government - the process is much simpler for the Government to introduce Bills.

      So although technically accurate, it's almost always the case that a Private Members Bill passes without Governm

      • Governments often refrain from introduce bills that are not part of a planned political program, or which might be used to criticize them.

        This bill was sponsored by the now-retired Senator James Cowan, and my member, Rob Oliphant of Don Valley West, ON. It was debated intelligently and was worked on heavily in committee, eventually being passed by the Senate human rights committee unanimously. Similarly it passed second reading unanimously. It was then strongly opposed by the Reform/Conservative party, ev

        • It was debated intelligently .....

          That doesn't sound like our Parliament at all.

          • by davecb ( 6526 )
            Often in the first and second readings you get lots of intelligent comments. Third readings (the link above) tend to have a fair bit of posturing by people, many of whom were on the losing side of the previous debates (;-))
  • Ask any doctor. Many nationalities / ethnicalities are more prone to certain conditions and cancers. So a redneck doctor could just decide not to ask ethnic questions and let the disease progress, or not order tests based on certain patterns. The insurance company could actually benefit by treating all the people the same. As things stand now, peoples postcodes and income, facebook profile, surnames, and family history give them plenty of ammo to discriminate. Wrong BRA gene - too bad we are not allowed to
    • Utter nonsense. The bill only applies to insurance and employment. A doctor providing medical care is duty-bound to take all factors into consideration when giving care.

      Also, don't forget that in Canada, we all have universal free health care. So this bill mostly applies to life insurance, disability insurance and employment. Health care itself was never an issue.

      • Utter nonsense. The bill only applies to insurance and employment. A doctor providing medical care is duty-bound to take all factors into consideration when giving care.

        Also, don't forget that in Canada, we all have universal free health care. So this bill mostly applies to life insurance, disability insurance and employment. Health care itself was never an issue.

        This is another reason I'm glad we have universal health care. While I won't deny it still has some issues that should be addressed, at least it is the case that the doctors work first and foremost in the best interests of the patient, not the health insurance company.

  • Of course it is Constitutional. The two Acts that it mentions as amending are the Canadian Labour Code and the Canadian Human Rights Act. Those Acts are, of course, only applicable to "Federally Regulated Persons". This means that it is basically binding on the Federal Government and Indians on Reserves, and no one else. For everyone else in Canada, these matters are the subject of exclusive Provincial Jurisdiction. While what the Federal Government thinks and writes down may be amusing, it has almost

  • Everybody - thanks, I like a lively discussion. If you are interested, I wrote an article for the IAPP (International Association of Privacy Professionals) examining the decision: https://iapp.org/news/a/canada... [iapp.org]

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