University of Miami Inter-American Law Review


Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the form of blood or DNA. The note will also address where the United States Genetic Information Non-Discrimination Act of 2008 fails to truly guard the American genetic information and the dangers that come with that gap.