2018
DOI: 10.1007/s00439-018-1903-2
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China: concurring regulation of cross-border genomic data sharing for statist control and individual protection

Abstract: This paper reviews the major legal instruments and self-regulations that bear heavily on the cross-border sharing of genomic data in China. It first maps out three overlapping frameworks on genomic data and analyzes their underpinning policy goals. Subsequent sections examine the regulatory approaches with respect to five aspects of responsible use and sharing of genomic data, namely, consent, privacy, security, compatible processing, and oversight. It argues that substantial centralised control exerted by the… Show more

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Cited by 19 publications
(14 citation statements)
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“…Data privacy in mHealth is a major issue globally, and China has unique challenges in this regard. Some health data, such as genetic data, is already considered and regulated as property of the state [ 26 ]. China has introduced recent regulations, including the Personal Information Protection Law applying to any online data collection [ 27 ], but effective mHealth privacy regulation remains an ongoing area of development in China, as it does in many other countries [ 28 - 29 ].…”
Section: Reviewmentioning
confidence: 99%
“…Data privacy in mHealth is a major issue globally, and China has unique challenges in this regard. Some health data, such as genetic data, is already considered and regulated as property of the state [ 26 ]. China has introduced recent regulations, including the Personal Information Protection Law applying to any online data collection [ 27 ], but effective mHealth privacy regulation remains an ongoing area of development in China, as it does in many other countries [ 28 - 29 ].…”
Section: Reviewmentioning
confidence: 99%
“…The same aspect is even clearer in the State Council's 2016 official notice on the development and use of big data in the healthcare sector, which explicitly states that health and medical big data sets are a national resource, and that their development should be seen as a national priority to improve the nation's health . 13 From an ethical analysis perspective, the promotion of healthcare data as a public good throughout public policy-including documents such as Measures on Population Health Information and the Guiding Opinions on and Regulating the Application of Big Medical and Health Data (Chen and Song, 2018)-is crucial. This approach, combined with lax rules about data sharing within China (Liao, 2019;Simonite, 2019) (Hawkins, 2019).…”
Section: Medical Ethicsmentioning
confidence: 99%
“…Personal genetic information is clearly defined as a type of biometric information and categorized as personal sensitive information (China's National Information Security Standardization Technical Committee, 2017). Different from the Cybersecurity Law, which focuses on the regulation of network security and only provides general principles for personal data protection, the Specification targeted the protection of personal information and established detailed guidelines for data compliance (Chen and Song, 2018). For example, the Specification specifies the details of the content that should be included in the privacy policy and provides a privacy policy template.…”
Section: Introductionmentioning
confidence: 99%