2021
DOI: 10.1007/978-3-030-49388-2_22
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Biobanking Across Europe Post-GDPR: A Deliberately Fragmented Landscape

Abstract: This chapter seeks to provide insight into the ways in which Member States leveraged the regulatory discretion afforded to them by the GDPR. Specifically, it reviews the biobank regulatory environment; whether and how derogations under Article 89(2) GDPR are enabled; the legal basis for scientific research and the role of consent in biobanking post-GDPR; the balance between individual rights and public interest in national law; and finally, the GDPR’s impact and future possibilities for biobanking. In exercisi… Show more

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Cited by 4 publications
(3 citation statements)
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“…The GDPR recognizes the importance of large-scale data collection and analysis for scientific purposes stating in Recital 157 that ‘by coupling information from registries, researchers can obtain new knowledge of great value with regard to widespread medical conditions such as cardiovascular disease, cancer, and depression’ . The GDPR leaves room, however, for national derogations, and that has allowed some inconsistency in the legal landscape within the European Economic Area (EEA) to remain, adversely impacting the practice of clinical and scientific research [ 10–14 ]. The main uncertainties concern: (i) the concept of anonymization, specifically the circumstances under which pseudonymized data can be considered anonymized; (ii) the legal basis for processing personal data for secondary research and healthcare purposes; and (iii) the legal basis for cross-border (and especially outside the EEA) transfer of personal data for research and healthcare purposes.…”
Section: Introductionmentioning
confidence: 99%
“…The GDPR recognizes the importance of large-scale data collection and analysis for scientific purposes stating in Recital 157 that ‘by coupling information from registries, researchers can obtain new knowledge of great value with regard to widespread medical conditions such as cardiovascular disease, cancer, and depression’ . The GDPR leaves room, however, for national derogations, and that has allowed some inconsistency in the legal landscape within the European Economic Area (EEA) to remain, adversely impacting the practice of clinical and scientific research [ 10–14 ]. The main uncertainties concern: (i) the concept of anonymization, specifically the circumstances under which pseudonymized data can be considered anonymized; (ii) the legal basis for processing personal data for secondary research and healthcare purposes; and (iii) the legal basis for cross-border (and especially outside the EEA) transfer of personal data for research and healthcare purposes.…”
Section: Introductionmentioning
confidence: 99%
“…Furthermore, the ways that these documents or tools translate into practice differ widely - from changing consent practices ( Prictor et al, 2018 ; Mamo et al, 2020 ; Teare et al, 2021 ) to different ways of engaging participants ( Kaye et al, 2012 ; Goisauf and Durnová, 2018 ; Haas et al, 2021 ). To navigate this terrain, scholars have tried developing checklists, toolkits and other forms of instruments that can aid in practice or provide an overview against a fragmented domain ( Tzortzatou et al, 2021 ; Tzortzatou-Nanopoulou et al, 2023 ); however, it is clear one size fits all solutions are often not possible in this domain, not least due to lack of regulation, but rather due to the diversity within biobanking as well as across sites.…”
Section: Introductionmentioning
confidence: 99%
“…It is highlighted that member states affect the GDPR’s flexibility in reference to data processing for scientific purposes ( Slokenberga, 2021 ). On the other hand, an analysis of each member state’s legislation reveals the discrepancies in such fundamental issues as the legal basis for data processing by biobanks or the concept of public interest ( Tzortzatou et al, 2021 ).…”
Section: Introductionmentioning
confidence: 99%