This book represents a collection of thoughts that date back to the
completion of my doctoral studies in 2004. Given its genesis, this seems
an appropriate time and place to thank publicly my Ph.D. supervisor,
Professor Roger Brownsword, for the extremely generous, illuminating,
and supportive, advice he offered me during that period and has con-
tinued to offer me since.
Since I wrote my Ph.D. thesis on the subject of genetic discrimination
and contractual freedom, I have weaved, or perhaps stumbled, my way
towards a broader position on the regulation of genetic data in research.
I am especially keen to encourage a critical evaluation of the weight
placed upon the idea of ‘personal data’ in the area of privacy protection.
Frankly, I think it is a concept that has been forced to shoulder a
disproportionate burden of work and it has made a rather convenient
vehicle to transport us from some difficult questions. Rather than con-
tinue to pretend that this concept, and the regulatory frameworks that
orbit it, are up to the task of fully protecting privacy, and also striking the
right balance between the (at times) competing interests engaged by
research uses of genetic data, we should recognise both its strengths
and its weaknesses, and strengthen weaknesses where we can while, at
all times, ensuring that apparent strengths do not undermine our ability
to qualify particular protections where appropriate.