Hey there, welcome to Life Noggin!
You likely consider your body your property, right?
You live in it, you choose where it goes and what it does, so you probably think that you
own it.
Well, you might be surprised to learn that the law isn’t entirely clear whether you
do own your body.
Apparently, you can’t be you and own you at the same time, which is really quite confusing.
Things don’t get any less confusing when we look at your genetic makeup, your DNA.
Who owns that?
DNA, or deoxyribonucleic acid, is the genetic information that dictates how our bodies grow,
function, and reproduce.
Humans share 99.9% of the same DNA but a peek at your specific sequences can reveal information
about your health, personality, family history, and even your relationships.
Each human’s complete DNA sequence is different than anyone else’s.[b] It’s incredibly
personal and experts have said that your genetic information is the most valuable thing you
have.
Just like your social security number, home address, and credit card info, this information
should be guarded carefully.
But, some of you humans are totally fine giving your genetic information away to corporations,
research groups, and other third party organizations.
So far, 12 million of you have sent away samples of your DNA to consumer genetic testing companies
to find out information about your own genetic makeup.
But if you’re like most people and don’t read the fine print, you probably have no
idea the rights you gave away.
By agreeing to the terms and conditions and sending off a vial of your saliva, you’re
giving these groups the right to your DNA.
You’re allowing them to sell this information, send it to research groups, and do any number
of things thanks to some incredibly broad wording of their fine-print.
And if your genetic info leads to some wild, medical breakthrough, you’ll get nothing.
Which is pretty rude if you ask me.
So does this mean they own your DNA?
Do you own it?
People, organizations, and judges have been debating who owns DNA for years.
But after a court ruling in 2013, it was decided that DNA cannot be patented under US law,
which means no one can own someone else’s DNA.
And it’s not even clear if you own your DNA, which also contains your family’s DNA.
Legally speaking, natural phenomenons and laws of nature cannot be trademarked or solely
claimed.
This is the same reason why someone can’t patent the element gold and claim that all
gold on Earth is theirs.
So while these companies can’t own your DNA, they can own the sample you gave and
the information they derive from it and preeeetty much send it wherever they want.
And I bet there are a lot of hands you wouldn’t want your genetic makeup to fall into.
For example, while it’s technically illegal for employers and health insurers to discriminate
based on genetics, it would be difficult to prove that’s why they fired you or didn’t
take you on as a customer.
A potential employer might see that you have a family history of cancer and choose another
candidate just to avoid the hassle and you’d never know.
And unfortunately, the legal future of your right to genetic privacy is unclear.
So while no one may own your DNA right now, who knows if that’ll still be the case ten,
twenty years from now.
Have you done a DNA test?
Did you know what rights you were giving up?
Let us know
in the comments.