PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES
The purposes of retaining biological material may be diverse. Biorepositories, which are containers of biological materials, are referred to as biobanks in English-language scholarship or biotheques in French. There is no uniform agreement in legal and medical scholarship as to the scope of biologic...
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Mykolas Romeris University
2021
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Online Access: | https://doi.org/10.13165/j.icj.2021.12.005 https://doaj.org/article/a4c0c1967a6645919b6f4d994d7b82c8 |
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ftdoajarticles:oai:doaj.org/article:a4c0c1967a6645919b6f4d994d7b82c8 2023-05-15T16:52:55+02:00 PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES Anatoliy A. Lytvynenko 2021-12-01T00:00:00Z https://doi.org/10.13165/j.icj.2021.12.005 https://doaj.org/article/a4c0c1967a6645919b6f4d994d7b82c8 EN eng Mykolas Romeris University https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/6813 https://doaj.org/toc/2351-6674 https://doi.org/10.13165/j.icj.2021.12.005 2351-6674 https://doaj.org/article/a4c0c1967a6645919b6f4d994d7b82c8 International Comparative Jurisprudence, Vol 7, Iss 2 (2021) biobanks biorepositories medical confidentiality civil procedure criminal procedure paternity claims right to know one’s origination biobank secrecy missing person search Law in general. Comparative and uniform law. Jurisprudence K1-7720 article 2021 ftdoajarticles https://doi.org/10.13165/j.icj.2021.12.005 2022-12-31T16:22:33Z The purposes of retaining biological material may be diverse. Biorepositories, which are containers of biological materials, are referred to as biobanks in English-language scholarship or biotheques in French. There is no uniform agreement in legal and medical scholarship as to the scope of biological material to be maintained in order for an institution to be called a “biobank”, or the actual aim of such maintenance. At present, special techniques are already able to determine the identity of the individual whose biological material is retained; thus, in case such data is identifiable using various techniques, they should be considered as personal data in accordance with the recent judgment of the Latvian Senate, No. SKA-166/2020. Such an inference is quite apparent, but this issue requires the resolution of the situation whereby biobank data could legitimately be produced for the necessity of administering justice, and whether this would be possible in principle. The court practice of the Nordic States already holds that a court may allow the production of biobank records, but this heavily depends upon the circumstances of the case: such situations may arise in civil litigation relating to paternity claims or to the right to know one’s origin, and prosecution offices may opt to request biobank data for investigating suspicious deaths. In some other instances, biobanks, cryobanks, and medical institutions governing biobanks may be sued for illegitimate collection and maintenance of biological samples without the notification of the party involved – which are known in the United States of America, as well as one outstanding case in Iceland. The current situation concerning litigation relating to legitimate biobank data disclosure is evolving, and the legislation relating to it is either frequently absent, or lacks clarification. In this paper, the author calls for the clarification of legitimate instances where biobank data could be disclosed for the needs of court proceedings upon the examples of Latvian law, ... Article in Journal/Newspaper Iceland Directory of Open Access Journals: DOAJ Articles International Comparative Jurisprudence |
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language |
English |
topic |
biobanks biorepositories medical confidentiality civil procedure criminal procedure paternity claims right to know one’s origination biobank secrecy missing person search Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
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biobanks biorepositories medical confidentiality civil procedure criminal procedure paternity claims right to know one’s origination biobank secrecy missing person search Law in general. Comparative and uniform law. Jurisprudence K1-7720 Anatoliy A. Lytvynenko PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
topic_facet |
biobanks biorepositories medical confidentiality civil procedure criminal procedure paternity claims right to know one’s origination biobank secrecy missing person search Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
description |
The purposes of retaining biological material may be diverse. Biorepositories, which are containers of biological materials, are referred to as biobanks in English-language scholarship or biotheques in French. There is no uniform agreement in legal and medical scholarship as to the scope of biological material to be maintained in order for an institution to be called a “biobank”, or the actual aim of such maintenance. At present, special techniques are already able to determine the identity of the individual whose biological material is retained; thus, in case such data is identifiable using various techniques, they should be considered as personal data in accordance with the recent judgment of the Latvian Senate, No. SKA-166/2020. Such an inference is quite apparent, but this issue requires the resolution of the situation whereby biobank data could legitimately be produced for the necessity of administering justice, and whether this would be possible in principle. The court practice of the Nordic States already holds that a court may allow the production of biobank records, but this heavily depends upon the circumstances of the case: such situations may arise in civil litigation relating to paternity claims or to the right to know one’s origin, and prosecution offices may opt to request biobank data for investigating suspicious deaths. In some other instances, biobanks, cryobanks, and medical institutions governing biobanks may be sued for illegitimate collection and maintenance of biological samples without the notification of the party involved – which are known in the United States of America, as well as one outstanding case in Iceland. The current situation concerning litigation relating to legitimate biobank data disclosure is evolving, and the legislation relating to it is either frequently absent, or lacks clarification. In this paper, the author calls for the clarification of legitimate instances where biobank data could be disclosed for the needs of court proceedings upon the examples of Latvian law, ... |
format |
Article in Journal/Newspaper |
author |
Anatoliy A. Lytvynenko |
author_facet |
Anatoliy A. Lytvynenko |
author_sort |
Anatoliy A. Lytvynenko |
title |
PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
title_short |
PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
title_full |
PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
title_fullStr |
PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
title_full_unstemmed |
PRODUCTION OF BIOBANK DATA FOR THE NEEDS OF CIVIL AND CRIMINAL PROCEEDINGS: JURISPRUDENCE FROM THE EU STATES |
title_sort |
production of biobank data for the needs of civil and criminal proceedings: jurisprudence from the eu states |
publisher |
Mykolas Romeris University |
publishDate |
2021 |
url |
https://doi.org/10.13165/j.icj.2021.12.005 https://doaj.org/article/a4c0c1967a6645919b6f4d994d7b82c8 |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
International Comparative Jurisprudence, Vol 7, Iss 2 (2021) |
op_relation |
https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/6813 https://doaj.org/toc/2351-6674 https://doi.org/10.13165/j.icj.2021.12.005 2351-6674 https://doaj.org/article/a4c0c1967a6645919b6f4d994d7b82c8 |
op_doi |
https://doi.org/10.13165/j.icj.2021.12.005 |
container_title |
International Comparative Jurisprudence |
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