Predictive genetic testing: towards regulation 2.0?

In recent times, institutions and political actors in different Western countries have shown a renewed interest in genetic testing. Interest is testified by some legal ‘movements’ aiming to adapt, change or introduce laws in order to orient new trends in using predictive genetic tests, which are not directly tackled by the current regulation. This article aims to give a general overview of current difficulties in elaborating a new regulation by sketching context and circumstances that produced the former one. Secondly, it will explain why current regulation is ‘under siege’. Thirdly, it will reconsider strategies that contribute to maintaining one of the main ethical-legal problems of genetic testing: genetic discrimination. And eventually, it will argue in favour of a new regulation within the perimeter of the human rights approach, instead of letting the free market ‘handle it’.