Dati personali e genitorialità. L’impiego dei dati genetici nel giudizio di status filiationis

Di Matilde De Angelis -

The paper analyses the institutional and regulatory data protection framework and the EU 2016/679 regulation in particular. The author focuses on the consent to the use of personal information that is key in solving the issue of the different ways to balance the right to know and the need of protection. In fact, the regulation stresses the importance to pay specific attention to some data, such as genetic data, in order to avoid unauthorized disclosure. In this scenario, the EU legislator has established a general prohibition of using sensitive information and pointed out some exceptions. Among them, the processing of personal data is authorized if it is necessary for the safeguard of rights in trial, notwithstanding the fact that there is not an express consent. One of the disputes in which it is made extensive use of genetic data is the declaration of paternity.