the submission that privacy is only a right at common law misses the wood for the trees. The central theme is that privacy is an intrinsic part of life, personal liberty and of the freedoms guaranteed by Part III which entitles it to protection as a core of constitutional doctrine. The protection of privacy by the Constitution liberates it, as it were, from the uncertainties of statutory law which, as we have noted, is subject to the range of legislative annulments open to a majoritarian government. 1.
“If it is true that a profit can be gained from the research on human biological material, is it true – too – that there is no such thing as biobank ownership, but only the right to research the available samples. 1“
“Se è vero che si possono ottenere profìtti dalle ricerche sul materiale biologico degli esseri umani, è altrettanto vero non esiste la proprietà di una biobanca, ma solo il diritto a fare studi sui campioni disponibili” – English translation by Andrea Monti. ↩
It is much too early to know whether the genetic therapy will work (thus withdrawing the need to pay huge money just to control, and not eliminate, this rare disease). But fact is that scientists did a giant step ahead by treating humans with this method.
Thus it is reasonable to expect that in the very next years many genetic diseases will be finally cured and not just taken under control until the patient dies.
This will happens notwithstanding the GDPR – or, better – notwithstanding the blind madness of the bureaucratic and pedantic interpretation that, in the name of the “protection of fundamental rights” endangers the scientific research and deprive us of the basic right we all deserve to protect: the right to life.