2016
DOI: 10.1177/1073110516644203
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Biobanking Research and Privacy Laws in the United States

Abstract: Privacy is protected in biobank-based research in the US primarily by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the Federal Policy for Protection of Human Subjects (Common Rule). Neither rule, however, was created to function in the unique context of biobank research, and therefore neither applies to all biobank-based research. Not only is it challenging to determine when the HIPAA Privacy Rule or the Common Rule apply, but these laws apply different standards to protect … Show more

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Cited by 13 publications
(14 citation statements)
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References 21 publications
(27 reference statements)
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“…The companies also must publicize that they are following the data protection principles, so that if they fail to do so they will be in violation of American unfair trade practice laws. 18…”
Section: Privacy and Biobanking Research Across The Nationsmentioning
confidence: 99%
“…The companies also must publicize that they are following the data protection principles, so that if they fail to do so they will be in violation of American unfair trade practice laws. 18…”
Section: Privacy and Biobanking Research Across The Nationsmentioning
confidence: 99%
“…All samples are collected, stored and used in agreement with the ethical and research guidelines set by biobanking privacy laws 18 and the Institutional Review Boards (IRB) of JHUSOM and University of California, San Francisco. The methods for specimen collection for genetic studies were approved at Columbia University Irving Medical Center.…”
Section: Methodsmentioning
confidence: 99%
“…However, achieving an adequate level of privacy protection will be challenging. Privacy regulations in the United States are fragmented; they include complex, sometimes conflicting, federal and state policies; and, in any case, they focus on protecting individuals and families from state (and other external) intrusion but not on privacy concerns within families.…”
Section: The Pmi's Social Contractmentioning
confidence: 99%