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Open Consent, Biobanking And Data Protection Law: Can Open Consent Be ‘Informed’ Under The Forthcoming Data Protection Regulation?, Dara Hallinan, Michael Friedewald Jan 2015

Open Consent, Biobanking And Data Protection Law: Can Open Consent Be ‘Informed’ Under The Forthcoming Data Protection Regulation?, Dara Hallinan, Michael Friedewald

Michael Friedewald

This article focuses on whether a certain form of consent used by biobanks – open consent – is compatible with the Proposed Data Protection Regulation. In an open consent procedure, the biobank requests consent once from the data subject for all future research uses of genetic material and data. However, as biobanks process personal data, they must comply with data protection law. Data protection law is currently undergoing reform. The Proposed Data Protection Regulation is the culmination of this reform and, if voted into law, will constitute a new legal framework for biobanking. The Regulation puts strict conditions on consent – in particular ...