2016
DOI: 10.1007/978-3-319-33525-4_6
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Many Have It Wrong – Samples Do Contain Personal Data: The Data Protection Regulation as a Superior Framework to Protect Donor Interests in Biobanking and Genomic Research

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Cited by 28 publications
(6 citation statements)
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“…The GDPR arguably applies across the genomic research process whenever personal data are processedincluding to the collection, storage and use of research subjects' biological samples, genomic data and other associated data (Hallinan 2018, pp. 263-295;Hallinan and De Hert 2016). 3 Prior to considering the legal details of the GDPR's stance on broad consent, however, it is worth considering the importance of this stance for the legitimacy and utility of broad consent.…”
Section: Broad Consent: a Brief Overviewmentioning
confidence: 99%
“…The GDPR arguably applies across the genomic research process whenever personal data are processedincluding to the collection, storage and use of research subjects' biological samples, genomic data and other associated data (Hallinan 2018, pp. 263-295;Hallinan and De Hert 2016). 3 Prior to considering the legal details of the GDPR's stance on broad consent, however, it is worth considering the importance of this stance for the legitimacy and utility of broad consent.…”
Section: Broad Consent: a Brief Overviewmentioning
confidence: 99%
“…Some point out that is since the ultimate intention of the Regulation is to protect personal data, a broad interpretation should be applied, which could allow for the inclusion of all sources, including biological samples that contain genetic data ( Shabani and Borry, 2018 ). Others argue that due to the concept of data used by the GDPR, it is impossible to identify biological material with data ( Hallinan and De Hert, 2016 ). Code development can be of pivotal importance for such countries as Ireland, where the previous health research laws were more liberal than the GDPR ( Kirwan et al, 2021 ).…”
Section: Discussionmentioning
confidence: 99%
“…One approach is since the ultimate intention of the Regulation is to protect personal data, a broad interpretation should be applied, which could allow for the inclusion of all sources, including biological samples that contain genetic data. However, given the definition provided for genetic data in the Regulation which explicitly states "data" (not samples), it will be hard to maintain such a broad interpretation [17].…”
Section: Recognition Of Genetic Data Within the Special Categories Ofmentioning
confidence: 99%