유전자 프라이버시와 적법절차- 헌재 2018. 8. 30. 2016헌마344에 대한 평석 -

In August 2018, the Constitutional Court ruled that setting no proceedings to state subject's opinion or object to the issue of the warrant when a warrant is issued, is against the Constitution. Therefore, Article 8 of the DNA act is against the Constitution. This case deals with genes and DNA collected and aggregated in criminal procedures as part of social defense. By analyzing this case, the basic rights to genes and the principle of due process related to the collection of genes in criminal procedures were reviewed. The ontological meaning of genes is meaningful as the speciality and independent fundamental right that should be dealt with as the right to genetic privacy, which is meant to comprehensively encompass the personal rights and privacy from human dignity and value, beyond the protection of personal information self-determination as sensitive information. Through this article, I presented the possibility of formation and protection as the individual right to genetic or DNA privacy, analyzed the relationship between the basic rights that were the issues of the case, and reviewed the issues of due process, including warrant procedures. This suggested the necessary implications for the protection of genes and DNA, which are increasingly important in the protection area of privacy amid the flood of advanced science and technology.