Myriad Updates: Clinical Data as Trade Secrets and a Pending Certiorari Decision
By Dan Vorhaus,
Genomics Law Report
| 11. 28. 2012
Earlier this month, my colleagues John Conley, Robert Cook-Deegan, James Evans and I published a policy article in the
European Journal of Human Genetics (EJHG) entitled “
The next controversy in genetic testing: clinical data as trade secrets.”
The EJHG article is open access so you can read the
entire article at the EJHG website, but here is the abstract:
Sole-source business models for genetic testing can create private databases containing information vital to interpreting the clinical significance of human genetic variations. But incomplete access to those databases threatens to impede the clinical interpretation of genomic medicine. National health systems and insurers, regulators, researchers, providers and patients all have a strong interest in ensuring broad access to information about the clinical significance of variants discovered through genetic testing. They can create incentives for sharing data and interpretive algorithms in several ways, including: promoting voluntary sharing; requiring laboratories to share as a condition of payment for or regulatory approval of laboratory services; establishing – and compelling participation in – resources that capture the information needed to interpret the data...
Related Articles
By Alondra Nelson, Science | 09.11.2025
In the United States, the summer of 2025 will be remembered as artificial intelligence’s (AI’s) cruel summer—a season when the unheeded risks and dangers of AI became undeniably clear. Recent months have made visible the stakes of the unchecked use...
By Emma McDonald Kennedy
| 09.25.2025
In the leadup to the 2024 election, Donald Trump repeatedly promised to make IVF more accessible. He made the commitment central to his campaign, even referring to himself as the “father of IVF.” In his first month in office, Trump issued an executive order promising to expand IVF access. The order set a 90-day deadline for policy recommendations for “lowering costs and reducing barriers to IVF,” although it didn’t make any substantive reproductive healthcare policy changes.
The response to the...
By Johana Bhuiyan, The Guardian | 09.23.2025
In March 2021, a 25-year-old US citizen was traveling through Chicago’s Midway airport when they were stopped by US border patrol agents. Though charged with no crime, the 25-year-old was subjected to a cheek swab to collect their DNA, which...
By Julie Métraux, Mother Jones | 09.23.2025