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Personal Genome: Cracking the Lid on Pandora's Box

  Paige Comstock Cunningham, Esq.,
Fellow,

Institute on Biotechnology and the Human Future

I. Yours to Own?

If you could find out what's in your DNA, would you? Could you? The cost of sequencing the human genome may fall exponentially in the next few years. The total public contribution to the Human Genome Project was almost $3 billion. Currently, it costs $10 million to sequence the 3 billion base pairs found in the human genome. The National Human Genome Research Institute awarded grants last fall seeking to drive the cost down to $100,000 in the near term. Harvard Medical School upped the ante this summer, claiming it could reduce the cost to $1,000, dangling the possibility of unpacking your "personal genome" -- cheap enough to permit someone to have his or her own genes sequenced. In terms of health care costs, decoding your DNA makes sense. If you amortize the $1,000 over an average of 50 adult years (I'm not getting into the issue of gene typing infants and children without their consent), that is about $20 per year. Is it worth it?

Your personal genome map could identify an unsuspected, rare, inherited disease. You could engage in preventative health care -- that is, change your behavior or environmental factors to reduce the risk of getting a disease for which you have a mutation. It might be useful in deciding whether to have children, if both parents carry a defective gene. Along with the utility of a personal genome map, there are a host of ethical and social issues with genetic sequencing. But, assuming that someone wants to sequence his or her personal genome, can he or she do so? Not if the biotech industrial complex has its way.

In fact, many genes associated with disease have already been patented, granting the patent holders (primarily biotech companies, researchers and universities) exclusive rights to identify, diagnose and treat the genetically-linked disease. Although the explicit purpose of patents is to encourage information sharing and research, the opposite is the case when it comes to human biological materials.

Case in point: Myriad Genetics owns the patents to BRCA1 and BRCA2, the two genetic mutations associated with breast cancer. If a woman wants to find out if she is at risk, she must use Myriad's test, which costs nearly $3,000. Even if she could find a cheaper, better test elsewhere, she cannot get it. Who would gamble on a courtroom battle with Myriad's hard-hitting lawyers?

In Europe, researchers and clinics sued against Myriad's patents, because they had developed more accurate, cheaper ways of testing. They won, and Myriad lost one of its European patents. But not so in the United States; you do not own your genome, if someone made it to the patent office first. That $1,000 sequencing cost does not account for fees or royalties claimed by patent holders for various parts of the human genome. The most exclusive part of you -- your DNA -- may not be yours to own, or even uncover.

II. The Cost of Knowing

What is the benefit of decoding your personal genome? It could enable you (in consultation with your health care provider and genetic counselor, of course) to:

  • Discover whether you have inherited a genetic predisposition for both common and rare, inherited conditions;
  • Assess how likely you are to manifest a particular genetic disease;
  • Engage in preventative medicine -- that is, lower your risk of developing disease by eliminating or reducing contributing environmental or behavioral factors; and
  • Avoid drugs that might not work for you, or might even harm you.

If DNA profiling gathers momentum, medical research may gain significantly. Pooled DNA information can help to identify new genetically-linked diseases, discover more precise links between genotypes (genetic code) and phenotypes (observable physical manifestation), develop genetic interventions to "fix" defective genes, unpack multi-factorial diseases, and predict the effectiveness of specific drug regimens.

On the other hand, personal genetic profiling might not offer everything for which you have hoped. One big issue is genetic privacy: how will confidentiality of information be guaranteed during collection, assessment and storage of your DNA profile? Inadvertent or intentional disclosure could hand off information to third parties whom you would rather not have accessing such information -- employers, insurers, law enforcement agencies, schools, and lawyers (e.g., those on the hunt to prove or disprove paternity).

These are not the only concerns about buying a personal genome map:

  • It might reveal a late-onset disease that you are powerless to prevent.
  • Some patients may be reluctant or unwilling to change behavior that is linked to an increased risk of genetic disease (e.g., giving up French fries if you are at higher risk of coronary disease).
  • It might be used to deny health or life insurance, or to raise health insurance premiums to an unaffordable level.
  • It could become part of a law enforcement database.
  • It could be used to deny employment.
  • It could be shared with other family members who might be at risk of a debilitating or fatal disease.
  • The psychological burden of discovering that you are at risk for a disease that you cannot prevent, or may never manifest, is quite heavy.
  • Anxiety about future possibilities can rob one of joy and confidence in the present.

All these dilemmas raise questions about the value of information. Just because technology opens a door, are we compelled to walk through it? Will we be free to lock the door against others? Will there be reliable safeguards? The personal genome map could be a boon to some at-risk individuals, and a terrible liability for the rest of us.

For now I am content to say, "No, thank you. My life will unfold day by day as a surprise."

Paige Comstock Cunningham, Esq., was the first President of Americans United for Life and is a Fellow of the Institute on Biotechnology and the Human Future.

The Sanctity of Life in a Brave New World
A Manifesto on Biotechnology and Human Dignity
Lori B. Andrews
How Art Challenges Us to Consider the Human Life
Brent Blackwelder
Cloning, Germline Engineering, Designer Babies, And The Human Future
Nigel M. de S. Cameron
An Idea Whose Time has Come
George J. Annas
Genism, Racism, and the Prospect of Genetic Genocide
Stuart A. Newman
Averting the Clone Age: Prospects and Perils of Human Developmental Manipulation
19 J. Contemp. Health L. & Pol'y 431 (2003).
Jordan Paradise
European Opposition to Exclusive Control Over Predictive Breast Cancer Testing and the Inherent Implications for U.S. Patent Law and Public Policy: A Case Study of the Myriad Genetics’ BRCA Patent Controversy
59 Food and Drug Law Journal 133-154 (2004)
(With permission from FDLI)
Byron Sherwin
Patents and Patients: Human Gene Patenting and Jewish Legal Ethics
M. Ellen Mitchell
Human Dimensions in Technological Advances
Nigel M. de S. Cameron
and Jennifer Lahl

California's Bizarre Cloning Proposition
Rosario Isasi
Cloning in the Developing World
Henk Jochemsen
Cloning prohibitions in Europe
as presented at Toward a Concensus on Cloning, Washington, D.C., July 9, 2004
(Adobe pdf file)
David Prentice
The Cloning Debate at the United Nations
as presented at Toward a Concensus on Cloning, Washington, D.C., July 9, 2004
(Adobe pdf file)