Book contents
- Frontmatter
- Contents
- List of contributors
- 1 Introduction: some lessons of ELSAGEN
- Part I Background
- Part II Social concerns
- Part III Legal issues
- 11 Regulating human genetic databases in Europe
- 12 Consent and population genetic databases: a comparative analysis of the law in Iceland, Sweden, Estonia and the UK
- 13 Third parties' interests in population genetic databases: some comparative notes regarding the law in Estonia, Iceland, Sweden and the UK
- 14 Transforming principles of biolaw into national legislation: comparison of four national laws in three aspects
- 15 Governance of population genetic databases: a comparative analysis of legal regulation in Estonia, Iceland, Sweden and the UK
- 16 The legal jigsaw governing population genetic databases: concluding remarks on the ELSAGEN legal findings
- Part IV Ethical questions
- Part V Political considerations
- Part VI Conclusion
- Bibliography
- Index
14 - Transforming principles of biolaw into national legislation: comparison of four national laws in three aspects
from Part III - Legal issues
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- List of contributors
- 1 Introduction: some lessons of ELSAGEN
- Part I Background
- Part II Social concerns
- Part III Legal issues
- 11 Regulating human genetic databases in Europe
- 12 Consent and population genetic databases: a comparative analysis of the law in Iceland, Sweden, Estonia and the UK
- 13 Third parties' interests in population genetic databases: some comparative notes regarding the law in Estonia, Iceland, Sweden and the UK
- 14 Transforming principles of biolaw into national legislation: comparison of four national laws in three aspects
- 15 Governance of population genetic databases: a comparative analysis of legal regulation in Estonia, Iceland, Sweden and the UK
- 16 The legal jigsaw governing population genetic databases: concluding remarks on the ELSAGEN legal findings
- Part IV Ethical questions
- Part V Political considerations
- Part VI Conclusion
- Bibliography
- Index
Summary
Feedback
Main principles at stake
The main considerations in the discussion about feedback are the right not to know, the duty of confidentiality and the duty of care. The central question is whether the operator of a genetic database has a duty to inform the participants or third parties about findings of research conducted on data deriving from this database. One must not forget that such research may be carried out many years after a research subject has decided to take part in the population-based genetic project. Living conditions, attitudes towards life, health, social and family status and other aspects which may have had an impact on a person's decision to know or not to know his/her genetic data may have changed significantly, so that the decision which seemed to be right for a research subject five years ago may not seem right in the light of altered circumstances. The question is even more complex in cases where a project has not been designed as a pure research undertaking (the UK Biobank) but also involves elements of a clinical relationship (the Estonian Genome Project) due to additional duties arising from this relationship.
Right not to know
Among the above-mentioned three principles, the right not to know is probably the most modern one given the fact that the roots of international recognition of confidentiality and duty of care can be traced back to the Hippocratic Oath.
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- Chapter
- Information
- The Ethics and Governance of Human Genetic DatabasesEuropean Perspectives, pp. 120 - 131Publisher: Cambridge University PressPrint publication year: 2007