Melbourne Law School - Research Publications

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    Trends and Challenges in Biobanking
    Kaye, J ; Bell, J ; Prictor, M ; Munsie, M ; Freckelton, I ; Petersen, K (Federation Press, 2017)
    The last twenty years have seen the emergence of the phenomena of biobanks, which are now regarded as essential research infrastructure in most countries around the world. However, the very nature of biobanks, as long-term repositories of sample and data that are used for many different research purposes continues to challenge many of the legal requirements for medical research, both in the UK and Australia. This chapter will provide an overview of biobanking and discuss some of the legal challenges that these activities raise by discussing and comparing the UK and Australian legal landscapes.
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    Consent for Data Processing under the General Data Protection Regulation: Could ‘Dynamic Consent’ be a Useful Tool for Researchers?
    Prictor, M ; Teare, H ; Bell, J ; Taylor, M ; Kaye, J (Henry Stewart Publishing, 2019)
    The General Data Protection Regulation (GDPR) sets the bar high for consent for the processing of personal data. In the UK, researchers have been directed to rely on legal bases other than consent for processing personal data for research purposes. Informed consent, nonetheless, and despite certain shortcomings, holds a central position in ethical research practice, as well as at common law, and in a range of other legislation dealing with research involving humans. This paper evaluates the place of informed consent in research following the GDPR’s implementation, arguing that a fresh approach to consent — specifically the concept known as ‘dynamic consent’ — could provide a way for researchers to meet the new European regulatory requirements for data processing while adhering to the highest ethical standards for research conduct. It analyses dynamic consent according to specific GDPR requirements and reflects on practical examples that could inform future implementation of the approach, while remaining aware of the need for further empirical research.
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    Data security in the spotlight
    Prictor, M ; Bell, J ; Taylor, M (The University of Melbourne, 2018)
    New legislation means you should, in certain instances, be notified if your data is breached. But will it really keep your personal details safe?
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    Who Owns Your DNA?
    Greenbaum, D ; Gerstein, M (Elsevier BV, 2016-04)
    When you’re clipping your nails or having a haircut, do you think about who owns those samples of your genetic material? Perhaps you think it doesn’t really matter, or that because it comes from your body, you own it. In fact, legally, the answer is far more complex.