Blockchain Revolution in [ultra/beyond] Legal Protection of Sensitive Data (Case Study of Human Genetic Information)

Document Type : Original Article

Authors
Mahboobeh Mina 1
Zahra Gholampour 2
1 Assistant Prof., Department of Private and Islamic Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2 MSc.Student, Department of Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
10.22034/aimj.2022.166593
Abstract
Human genetic information, as the life treasure of the masterpiece of creation, needs maximum protection that, while being able to be used for scientific purposes and improving the quality of life, ensures the movement of this unique data on the path of sustainable development. Although this has been considered in the legislative process of protectionist regulations, on a national and international scale, it has not shown enough adequacy and efficiency in practice; So that whispers of unauthorized access to this data are heard more and more in the present age. In the meantime, formulating legal solutions to fill the existing gaps as soon as possible, because of difficulty and length of legislation, seems to be a rejected option. On the other hand, the sharp-footed horse of technology has embarked on unpaved routes and opened new horizons for its riders. Blockchain is one of the most emerging platforms that, despite its infancy, has opened its place in various fields and is still opening up. At a glance, it seems that the unique capabilities of this technology could be the missing link that guides the law for regulating human relations and protect sensitive information. In other words, the danger of open access to human genetic information, with such a wide range of consequences, is so near that legal solutions- although it is Necessary and should be tried to create and make them effective- is insufficient. Helping tool, technology, with its inherent dynamism, will block the violators' way of accessing this rich data. Obviously, the formation and consolidation of these two areas requires a smart bedrock, just will be possible by identifying Dimensions of law and technology. Thus, this paper designs a hybrid system (legal and ultra-legal) for human genetic resources' protection with a Practical approach.

Keywords

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  • Receive Date 13 July 2022
  • Revise Date 03 September 2022
  • Accept Date 29 December 2022