USE OF GENETIC INFORMATION FOR INSURANCE RISK ASSESSMENT IN UKRAINE: REGULATORY AND LEGAL FRAMEWORK
DOI:
https://doi.org/10.15407/economyukr.2024.05.078Keywords:
insurance; genetic information; regulation; legislation; discrimination; human rights; UkraineAbstract
The specifics of Ukraine’s regulatory and legal framework, which may be relevant in the context of regulating the use of human genetic information for assessing insurance risks and determining other terms of insurance contracts, is revealed. It has been established that currently there are no such norms in the current legislation of Ukraine that would directly outline the terms for the use of genetic data for insurance underwriting purposes. Characterization is presented for the position of the National Bank of Ukraine as the main insurance market regulator regarding the lack of authority and plans to strengthen the regulation of voluntary insurance activities of insurance companies in the context of determining the features and terms for the use of genetic information for underwriting purposes in life insurance and health insurance markets. In view of certain possible risks associated with genetic discrimination of policyholders when concluding insurance contracts, as well as with the absence of the term "genetic discrimination" in Ukraine’s legislation, it is shown that the list of grounds on which discrimination is prohibited (including in the insurance market), is not exhaustive, therefore, Ukrainian legislation can also provide for protection against discrimination based on genetic characteristics (information).
It is substantiated that the initial stage in specific regulation of the use of genetic information for insurance risk assessment may be the ratification by Ukraine of such norms of international law as Recommendation CM/Rec(2016)8 of the Committee of Ministers of the Council of Europe on the processing of personal health-related data for insurance purposes, including data resulting from genetic tests, Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine.
The need for more in-depth further research into the insurance market regarding specifically the practical use of policyholders' genetic information by insurance companies in Ukraine for underwriting when concluding contracts related to life and health is emphasized.
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