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Philosophical Foundations of Medical Law$
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Andelka M. Phillips, Thana C. de Campos, and Jonathan Herring

Print publication date: 2019

Print ISBN-13: 9780198796558

Published to Oxford Scholarship Online: January 2020

DOI: 10.1093/oso/9780198796558.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2020

The Age of Personalized Medicine—From Patients to Consumers

The Age of Personalized Medicine—From Patients to Consumers

The Digital Environment, Clickwrap Contracts, and Implications for Autonomy

(p.320) 22 The Age of Personalized Medicine—From Patients to Consumers
Philosophical Foundations of Medical Law

Andelka M Phillips

Oxford University Press

How many online contracts have you entered into this year and how many of those did you actually read? This chapter explores the impact that the designed environment of websites and electronic contracts have on the exercise of individual autonomy in the context of the example of direct-to-consumer genetic tests (DTC). DTC tests for health purposes can be viewed as an example of Personalized Medicine, but as the mode of sale usually lacks the involvement of a physician or genetic counsellor and the industry is largely unregulated, companies often rely on their contracts and privacy policies to govern relationships with consumers. This chapter seeks to shed light on the impact that offering these services online and relying on electronic contracts, which people have grown accustomed to ignoring, has on the exercise of autonomy and an individual’s ability to make an informed choice in this context.

Keywords:   direct-to-consumer genetic testing, autonomy, contract, consent, privacy, personal genomics, GDPR, clickwrap, dark patterns, designed environment

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