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The right to information in the context of genetic services is elaborated by article 49 which is entitled “Right to information and right not to know”. According to this article the examined person has to be informed on the genetic data of a personal nature that are obtained in the genetic analysis in accordance with the terms in which he manifested his will, notwithstanding the right to access established by the legislation on the protection of personal data, which could entail the revocation of the previously granted manifestation of free will (article 49 (1)).
When the genetic characteristics of several members of a family were analyzed, the result has to be filed and communicated to each of them in an individual manner. In case of disabled persons or minors, the information has to be provided to their tutors or legal representatives (article 51 (2)).
When the examined person has exercised his right not to know the results of a genetic analysis, only the information that is necessary for the follow up of a prescribed treatment by the physician and that has been accepted by the patient can be provided. When this information is necessary to avoid a serious damage to the health of his biological family, the affected person or his legally authorized representative may be informed. In every case, the communication has to be exclusively limited to the data necessary for these purposes.
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