Shifting social norms: Genetic privacy and the spillover effect

Abstract

Potentially major shifts in privacy norms are taking place as a result of advances in genetic technologies. This chapter identifies a spillover effect in the form of the inadvertent emergence of new norms and introduces an original typology developed in response to these new norms regarding privacy. It focuses on the emerging practice of compelling access to genetic information of biologically related persons to gain information about a particular individual. This chapter highlights the recent practice in child lead paint poisoning cases in which defendants seek to discover medical and I.Q. records of biologically related non-parties to establish alternate genetic causation of low I.Q. It concludes that greater attention should be given to the spillover effect and the emergence of shadow norms.

Citation

Pierce, R. (2009), "Shifting social norms: Genetic privacy and the spillover effect", Sarat, A. (Ed.) Studies in Law, Politics and Society (Studies in Law, Politics, and Society, Vol. 50), Emerald Group Publishing Limited, Leeds, pp. 65-104. https://doi.org/10.1108/S1059-4337(2009)0000050006