Document Type : Original Research Paper
Authors
1
PhD student in Women's Studies, Faculty of Social Sciences, University of Religions and Denominations, Qom, Iran
2
Faculty member
10.22035/isih.2026.5640.5224
Abstract
Recent advances in genetics, particularly prenatal technologies such as Non-Invasive Prenatal Testing (NIPT), have enabled the analysis of fetal genetic data. Owing to their unique characteristics—such as individuality, lifelong permanence, hereditary nature, and predictive capacity regarding health status—these data represent the most sensitive form of personal information. Unauthorized disclosure may lead to identity, social, and legal risks. This study, adopting a jurisprudential–legal approach and a comparative analysis of Iranian regulations and international instruments, examines the foundations of protecting the privacy of fetal genetic data. Findings indicate that Islamic jurisprudential principles, including the prohibition of undue surveillance, the “no-harm” rule, and the principle of trust, together with international standards such as the GDPR, can provide a coherent framework for safeguarding such data. Moreover, the formulation of independent regulations in Iran is necessary, emphasizing informed consent by the legal representative, restrictions on data processing, data security, prohibition of genetic discrimination, and the principle of data sovereignty. The novelty of this research lies in linking the foundations of Islamic jurisprudence with domestic legal rules and international standards to articulate the fetus’s right to genetic data.
Keywords: Privacy, Genetic Data, Fetus, Islamic Jurisprudence, Iranian Law, GDPR, Prenatal, Data Protection, Informed Consent, Genetic Discrimination
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