Abstract:
Nowadays, genetic testing is conducted for several purposes, namely, for genetic disease diagnosis and medical treatment, for improving medical treatment and medicine, for studying on population and for investigation for criminal cases. On the basis that genetic information can be used for many purposes, it is inevitable that genetic information of an individual be unlawfully used. Therefore, it is necessary that individual be protected from such unlawful action by specifying rights and obligations of person concerning genetic information together with compensation in the case where damages are incurred. In this regard, the study is based on evolution, concepts, and theories in relation to protection of genetic information together with comparison of legal protection on genetic information provided in the USA, Iceland, Israel, and Thailand focusing on type of right over genetic information, individuals rights and obligations concerning genetic information, compensation due to unlawful action, and management in relation to genetic information. Each country which the study relies on provides protection on genetic information through a special law in higher standard than general personal information. In consideration of Thais law, law relating to genetic information appears in several written laws. In addition, type of right over genetic information, individuals right protection, compensation and management on any activities performed regarding genetic information are appeared to be unclear. This thesis, therefore, suggests that special law on genetic information be enacted in the order that individuals right on their genetic information be protected efficiently and the management can be done in accordance with the technology development.