Abstract
The article explores in the context of the duty of confidentiality the ethical and legal dilemmas posed for the doctor holding a patient's genetic information where there are two competing interests — the interest in protecting the confidentiality of the patient and the interest in protecting a third party from harm. The discussion is confined to third parties that are either genetically related to the confider or share a reproductive interest with him/her.
It is submitted that it is desirable in exceptional circumstances to give the doctor a discretion to disclose confidence to a third party on the grounds of preventing harm. However, the circumstances for so disclosing need to be carefully circumscribed. Further, it is submitted that there is little support for imposing a duty to disclose.
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