GENETIC PROFILING IN LIFE INSURANCE UNDERWRITING: A CRITICAL ASSESSMENT OF PRIVACY RIGHTS AND REGULATORY DISCRETION UNDER IRDAI
AUTHOR – GOURI JYOTHISH B* & Dr. RENU MAHAJAN**
* STUDENT AT AMITY UNIVERSITY
** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY
BEST CITATION – GOURI JYOTHISH B & Dr. RENU MAHAJAN, GENETIC PROFILING IN LIFE INSURANCE UNDERWRITING: A CRITICAL ASSESSMENT OF PRIVACY RIGHTS AND REGULATORY DISCRETION UNDER IRDAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 329-336, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The increased use of genetic profiling by insurance companies in deciding the risk profile for life insurance policies is indeed a very critical change in the practice of assessing risks. It not only helps improve actuarial efficiency but also has some serious legal and ethical consequences. The lack of regulation of genetic testing in life insurance underwriting in the country is indeed an alarming state of affairs, where there are no legal or policy guidelines set forth by IRDAI. In this paper, the focus would be on the consequences of genetic profiling on constitutional rights of citizens as protected under Articles 14 and 21 of the Constitution of India.
The study will explore whether the use of genetic profiling and subsequent use of this information for assessing risk in life insurance leads to a breach of individual rights of citizens as enshrined in Articles 14 and 21 of the Constitution of India. In other words, it is essential to understand the extent to which life insurance companies are involved in discriminatory practices such as denial of insurance, higher premiums or exclusion clauses in insurance.
Ultimately, the paper argues for a balanced regulatory approach that restricts the misuse of genetic data while allowing limited, ethical use for underwriting purposes. It recommends stronger data protection measures, clearer regulatory guidelines, and the adoption of a moratorium-based model to ensure fairness, transparency, and protection of individual rights in the evolving insurance landscape.
Keywords: Genetic profiling, life insurance, underwriting, privacy, IRDAI, discrimination, data protection