When you go for a genetic testing at the hospital, your doctor or genetic counselor can help you make an informed consent. Your results are clearly being shared with your insurance provider and other caretakers within the healthcare system. Direct-to-Consumer (DTC) Genetic Testing companies have complex privacy rules that appear in fine print as Terms of Use, Terms of Service, Terms and Conditions, Privacy Policy or Privacy Statement. At the end of the day, as a consumer, you will need to make an informed decision based on the information you are provided in the fine print. So, how trivial is it to make an informed decision?
A 2015 publication surveys the DTC genetic testing contracts and finds that in a 3 year period (Oct 2011-Nov 2014), 228 companies met the criteria for DTCGT across multiple subcategories (pharmacogenetic; predisposition; pre-symptomatic; nutrigenetic; carrier testing; and testing available through physicians; ancestry; paternity; non-consensual; DNA dating; child talent; athletic ability; misc). Of these 228 companies, 102 offered health related services and 71 websites had terms and conditions available. The author concludes that there is a need for greater transparency about the respective risks and benefits of DTCGT testing. Currently, some terms commonly included in DTCGT contracts could be construed as unfair or unconscionable in the UK and EU, and also possibly in some US states.
It all boils down to doing risk-benefit analysis: A few pieces of information to keep in mind while doing this risk-benefit analysis are - a) as research grows, more of our genetic markers will have established correlation with disease risks, and b) genetic data is long lived and is shared between current family members and progeny. In US, there are laws in place, Genomic Information Nondiscrimination Act (GINA), that prevent against discrimination based on genetic information. In Canada, GINA was passed only this year. In US, GINA was first proposed in 2003 and eventually passed in 2008 and there are continued threats to GINA. For example, a recent GOP bill, if passed, will allow bosses to pressure their employees to undergo genetic tests, and demand to see the results and medical histories for family members. And if employees refuse, they’d end up paying surcharge for their insurance.