DONT
TAKE LIBERTIES WITH OUR GENES
By Philip
Bereano, JD
"The Human Gene Project at the National Institutes of Health,
also being supported in universities all across America, will
one day in the not-too-distant future enable every set of parents
that has a little baby to get a map of the genetic structure
of their child. So if their child has a predisposition to a
certain kind of illness or a certain kind of problem, or even
to heart disease or stroke in the early 40s, they will
be able to plan that childs life, that childs upbringing,
to minimize the possibility of the child developing that illness
or that predisposition, to organize the diet plan, the exercise
plan, the medical treatment that would enable untold numbers
of people to have far more full lives than would have been the
case before. . . ."
Bill Clintons
picture of a wonderful technofuture sounds like a threatening
Brave New World to many Americans. The confluence of a number
of technical and social trends has greatly enhanced the capacity
for genetic surveillance and tracking:
The science
of genetics is a flourishing new industry, nourished in large
part by the federally funded Human Genome Project. The goal of
this ambitious research endeavor is to identify every gene found
in the human body, approximately 100,000 in all. Much of the research
focuses on genetic diagnostics: tests designed to identify genes
thought to be associated with various medical conditions. More
than 50 new genetic tests have been identified in the past five
years alone.
The increasing
speed, sophistication, affordability, and interconnectivity of
computer systems allows the rapid monitoring and matching of many
millions of records.
The promotion
of an ideology of geneticization fosters the belief that genes
are determinative of an individuals behavior, character,
and future. In the words of Nobelist Jim Watson, "We used
to believe our destiny was in the stars; now we know it is in
our genes." (The critical role of environment, and the complex
interplay between a genome and its surroundings, is largely ignored
in the media and public discourse about genetics.)
Capitalist
economic relations have created a mad scramble for venture capital,
the altering of patent laws, and calls for mass genetic testing
by researchers who trade on the old image of the altruistic scientist
to mask their conflicts of interest in testing labs, patents,
consulting contracts, etc.
Technologies
are not value-neutral; they usually embody the perspectives, purposes,
and political objectives of powerful social groups. The dominant
ideology in Western society proclaims that science and technology
are value-neutral, and the only problems caused by technologies
are either "externalities" (unintended side effects)
or abuses. However, because technologies are the result of human
interventions into the otherwise natural progression of activities,
they are themselves actually imbued with intentions and purposes.
Current technologies do not equally benefit all segments of society
(and indeed are not intended to do so), although to maximize public
support for these developments and to minimize potential opposition,
their proponents rarely acknowledge these distributional ramifications.
The United States
is a society in which the differential access to wealth and power
has been exacerbated during recent years. Because technologies
are intentional interventions into the environment, those people
with more power can determine the kinds of technological developments
that are researched and implemented. Because of their size, scale,
and requirements for capital investments and for knowledge, modern
technologies are powerful interventions into the natural order.
They tend to be the mechanisms by which already powerful groups
extend, manifest, and further consolidate their powers. Thus,
technologies themselves are not neutral; they are social and political
phenomena. Genetic technologies and computerization exhibit these
characteristics, and reflect power differentials in our society.
The resulting
milieu of technological triumphalism appears to offer omniscience--capabilities
of enhanced surveillance and control over people and events, as
well as promises of perfectionism. Predictability will replace
a tolerance for natural variation and diversity. Leading scientists
have already called for programs of eugenics, labelled as "genetic
enhancement" to create a less distasteful package.
The growth of
the mania for testing in the US is a manifestation of class relationships,
through new technological possibilities: employers test employees,
insurance companies and health organizations test patients, college
officials test students, legislators pass bills to test a variety
of disempowered groups (welfare recipients, prisoners, immigrants
and the like). Such indignities are never foisted upon the ruling
class by the masses. For example:
A pregnant
woman whose fetus tested positive for cystic fibrosis was told
by her health maintenance organization (HMO) that it would be
willing to cover the cost of an abortion but would not cover the
infant under the familys medical policy if she elected to
carry the pregnancy to term.
A healthy
woman who casually mentioned to her family doctor that her father
had been diagnosed with Huntingtons disease, and that she
herself was at risk for inheriting this genetic disorder, was
later denied disability insurance. The insurance company rejected
her because they found a note about her fathers diagnosis
written in the margin of her medical records.
A healthy
boy who carried a gene predisposing him to a heart disorder was
denied health coverage by his parents insurance company,
even though the boy took medication that eliminated his risk of
heart disease.
The US
Department of Defense insists on taking DNA samples from all its
personnel, ostensibly for identification of those killed in action
and body parts from military accidents--despite the fact that
the samples are to be kept for 50 years (long after people have
left active duty), the program includes civilian employees, the
agency refuses to issue regulations barring all third party use,
and the Department will not accept waivers from the next of kin
of subjects not wanting to donate tissues.
The FBI
has been promoting the genetic screening of criminals to establish
state DNA identification data banks to be used in criminal investigations;
recent Federal legislation penalizes states fiscally if they dont
participate. Yet the data includes samples from those whose crimes
have low recidivism rates or dont leave tissue samples;
in some states people merely accused are forced into the program.
Infant
blood samples, from the heel-sticks used to determine blood type
and test for PKU, are stored as "Guthrie blots;" California
alone has more than seven million in its repository.
The American
Civil Liberties Union advocates that "the decision to undergo
genetic screening is purely personal;" it should not be "subject
to control or compulsion by third parties" or the government.
And "where a person has intentionally undergone genetic screening
procedures there must be no disclosure of findings to third parties
without the express and informed consent of the subject given
after the results of the screening are made known to the subject
and upon such times and conditions as the subject may require
. . . ."
Yet patients
records "are commodities for sale," in the words of
the New York Times and a panel of the US National Research Council
warned that the computerized medical records of millions of citizens
are open to misuse and abuse.
A 1994 benchmark
study by the ACLU found that "concerns about personal privacy
run deep among the American people." Genetic privacy, like
medical privacy in general, involves notions of the dignity and
integrity of the individual. In addition to some of the aspects
already noted (is data accurate; can the individual access their
own files; can the donor correct inaccurate data; are the custodians
faithful and are technical security systems protecting the data
where possible; does the individual have control over which third
parties are allowed access, and under what conditions?), the key
problem concerns the "front end" collection of the data
itself.
Data should
only be collected voluntarily, using modern notions of informed
consent. Mandatory testing, testing coerced by the conditioning
of benefits or employment, surreptitious testing--all violate
privacy notions. The scope of the informed consent should define
future allowable uses of the samples. In particular, there should
not be any general exemption for future unconsented research uses--ones
integrity is not any less compromised because a third party is
wearing a lab coat. (If the argument is made that this may compromise
the ability to do research, we should remember that upholding
civil liberties values often leads to inefficiencies; we certainly
could catch more crooks if we did away with the Fourth Amendment
prohibition on warrantless searches.)
Genetic discrimination
is the other major civil liberty threatened by genetics research.
Scientists working with the Council for Responsible Genetics have
documented hundreds of cases where healthy people have been denied
insurance or employment based on genetic "predictions."
Of course, relatively few genetic diseases are deterministic;
most tests (which have inherent limits themselves) cannot tell
us if a genetic mutation will become manifest; if it does do so,
when in life this will occur; and if it happens, how severe the
condition will be. In addition, many genetic conditions can be
controlled or treated by interventions and environmental changes;
that is why governments mandate testing newborns for PKU.
Recent Federal
legislation, the Kennedy-Kassebaum bill, limits genetic discrimination
regarding certain insurance medical insurance policies, but does
not apply to others, nor to life, disability, or automobile insurance
or to employment -- all areas of documented discrimination. Slowly,
state by state, the CRG, ACLU, and patients rights groups
are trying to get legislation passed to reduce or eliminate genetic
discrimination; about fifteen states have enacted some type of
protections.
On Monday, President
Clinton announced his support of a Federal bill which would prohibit
health insurance providers from using any types of genetic information
for making decisions about whether to cover a person or what premium
to charge. This legislation would address some of the discrimination
problems which have been occurring.
Beyond the risk
of discrimination, however, societys fascination with genetic
determinism has other social and political consequences. An overemphasis
on the role of genes in human health neglects environmental and
social factors. For example, strong evidence points to links between
environmental contamination and cancer. Current research priorities,
however, are skewed toward identifying genetic predispositions
to cancer. If cancer is cast primarily as a genetic disease, then
legislators may discard efforts to clean up environmental carcinogens
in favor of a search for "cancer genes."
In effect, we
encourage a "blame the victim" mindset, where we condemn
people with "faulty" genes. Social conditions such as
poverty or environmental pollution, which correlate directly with
poor health and higher mortality rates, become less important.
And economic and social resources end up being diverted into finding
biomedical "solutions" while societal measures get short-changed.
Although new
technologies claim to offer us more "freedom," they
really can threaten our civic values. This is certainly true of
the new biology. As Jefferson warned, "the price of liberty
is eternal vigilance"--it isnt genetically hard-wired
to happen automatically.
Philip Bereano,
JD, is Professor of Engineering (technology and public policy)
at the University of Washington, and a Board Member of the Council
for Responsible Genetics.
*A version
of this essay originally ran in the Seattle Times, July 17, 1997;
it has been reworked and republished several times since then.