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Full-Text Articles in Social and Behavioral Sciences

Wer Kann Sie Erraten?, Michael Friedewald, Dara Hallinan, Philip Schütz, Paul De Hert Jan 2015

Wer Kann Sie Erraten?, Michael Friedewald, Dara Hallinan, Philip Schütz, Paul De Hert

Michael Friedewald

No abstract provided.


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 …


Genetic Data And The Data Protection Regulation: A Good Start, But Prob-Lems Remain, Dara Hallinan, Michael Friedewald, Paul De Hert May 2013

Genetic Data And The Data Protection Regulation: A Good Start, But Prob-Lems Remain, Dara Hallinan, Michael Friedewald, Paul De Hert

Michael Friedewald

Genes are the recipe, which is followed to create each person. Genetic data is data which refers to these genes. As genetic data is a representation of the biological architecture of the individual, it has been seen to have a number of unique features. Data protection law deals with the processing of ‘personal data’ and is a key area of law in the regulation of the use of genetic data. It is currently elaborated at European level by Directive 95/46. Owing to the unique qualities of genetic data, there have been numer-ous criticisms of the Directive’s suitability to achieve its …