Double Helix, Double Standards: Private Matters and Public People
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In this article, I hope to challenge our thinking on perhaps the most private type of health information by applying its disclosure to someone incredibly public. I will review the relevant constitutional, tort law, and statutory frameworks for disclosure of a presidential candidate's health information by applying these concepts to the specific disclosure of a candidate's genetic testing results. In some cases, the analysis will shift into a discussion of accessing health information of the winning candidate. After surveying the different types of genetic tests and possible methods for disclosure, I then will compare legal and ethical concerns to discuss the degree to which the public interest may be served by accessing our potential presidents' genetic information. I will end by questioning whether a double standard is developing in privacy rights doctrine as it relates to the testing ofpublic figures.
11 J. Health Care L. & Pol'y 295 (2008).