8 THE ITALIAN LAW JOURNAL NO. 2 (2022)
Informed Consent to Processing of Genetic Data
by Benedetta Sirgiovanni
The paper focuses on the role of informed consent to processing of genetic data in the current and multi-level legal framework.
DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
Firstly, it will seek to determine if it is possible to process genetic data even without any form of consent according to the GDPR. Then, it will show that accountability principle plays a key role not only in the GDPR, but also at international and national levels.Finally, the paper will point out that nowadays data processing can no longer be regarded as a private relationship between the controller and the data subject. In this context administrative fines imposed by the Data Protection Authority have to be added to the civil liability of the controller. Furthermore, it is recommended to add a preventive remedy like injunctions brought not only by individuals but also by associations, since the approach of data processing is preventive.
