As of 01.12.2022, the revised law on human genetic testing has come into force. It is intended to prevent abuses and ensure the protection of personality.
Genetic testing is used in both medical and non-medical settings. Medical genetic testing can be used to diagnose, treat or prevent certain diseases. Outside medicine, genetic tests are used, for example, to clarify paternity and kinship or for genealogical research. In addition, there are genetic tests that promise insights into athletic predisposition or optimal nutrition. In recent years, major technical advances have taken place in genetic testing. Nowadays, they can be carried out relatively inexpensively and within a short time. This has led to new commercial offerings called “direct-to-consumer” genetic testing. In this context, providers sell medical and also non-medical genetic tests on the Internet without professional guidance. The Federal Law on Genetic Testing in Humans (GUMG) no longer met this situation. It was therefore comprehensively revised.
In Switzerland, most genetic tests must be initiated by health professionals and performed in laboratories approved by the FOPH. Genetic screening requires an authorization from the FOPH. Depending on the purpose and statement of the result, genetic tests are divided into different regulatory areas. Different requirements are placed on the various regulatory areas. Thus, “Genetic testing in the medical field” and “Genetic testing of traits requiring special protection” must be initiated by appropriately qualified health professionals and carried out in laboratories approved by the FOPH. Genetic testing may only be performed if the person concerned has consented. The initiating health care professional is responsible for providing comprehensive education. The result may only be communicated to the person concerned. This decides whether it wants to know or not. In addition to the general data protection regulations of the federal government and the cantons, specific requirements apply to the protection of samples and genetic data. Among other things, samples and genetic data must be protected by appropriate technical and organizational measures, for example against unauthorized access.
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InFo ONCOLOGY & HEMATOLOGY 2022; 10(6): 40.
