2020
DOI: 10.1111/dewb.12277
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Allegations of misuse of African DNA in the UK: Will data protection legislation in South Africa be sufficient to prevent a recurrence?

Abstract: Concerns have been raised around the alleged commercialisation of South African genetic material by various research institutes nationally and abroad. We consider whether the Protection of Personal Information Act in South Africa will conflict with or complement existing protections in health law and research ethics. The Act is not applicable to de‐identified samples that cannot be re‐identified but we question whether genetic samples can ever be truly de‐identified. The research participants in this matter pr… Show more

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Cited by 28 publications
(28 citation statements)
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“…The Sanger case highlighted earlier, is one such example of the consequences of lapses in ethical oversight. In particular, the Sanger case [ 7 , 10 , 11 ]. Illustrates the complexities in biobanking efforts even when data protection measures are in place.…”
Section: Discussionmentioning
confidence: 99%
See 2 more Smart Citations
“…The Sanger case highlighted earlier, is one such example of the consequences of lapses in ethical oversight. In particular, the Sanger case [ 7 , 10 , 11 ]. Illustrates the complexities in biobanking efforts even when data protection measures are in place.…”
Section: Discussionmentioning
confidence: 99%
“…17.2 that ‘neither party may assign or cede any benefit, obligation or interest it may have in this agreement to any other person without the prior written consent of the other party and the approval of the HREC’ [ 23 ], research ethics guidance documents are not explicit about commercialisation. The fact that commercialization of biospecimens (involving researchers) was not highlighted as a prominent ethical concern in this study, is problematic in light of the legislative loopholes with respect to material transfer in South Africa and the recent case of the alleged misuse of South African data and samples by the Wellcome Sanger Institute in the UK [ 7 , 10 , 11 ]. This incident has highlighted the global challenges with the governance of data and sample sharing when this occurs in the absence of respect for research participants, research collaborators and collaborating institutions [ 8 ].…”
Section: Discussionmentioning
confidence: 99%
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“…In 1993, the World Congress of Indigenous Peoples labeled the Human Genome Diversity Project "the Vampire Project," saying that it was more interested in collecting blood from indigenous peoples than in their well-being (39). More recently, the Sanger Institute was accused of misusing South African DNA samples in order to commercialize a research tool based on the material, a violation of agreements with African scientists who had collected the sequences (99). Researchers at Arizona State University gathered blood samples from the Havasupai tribe to search for a link to diabetes, then also used the samples to look for other diseases and genetic markers, thereby violating the basic tenets of human subjects research and underlying principles of informed consent (35).…”
Section: Global and Population-based Surveys Of Genomic Diversitymentioning
confidence: 99%
“…In 2019, the South African Medical Research Council (SAMRC), in partnership with the BGI, launched the first high throughput WGS platform in South Africa. The local availability of WGS makes exporting of samples unnecessary, thereby preventing the misuse of South African genetic material 12 , and expedites human genetic research in one of the most diverse countries in the world. Additionally, it allows researchers in South Africa to produce and analyse African genomics data on African soil, at an affordable price.…”
Section: Introductionmentioning
confidence: 99%