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      Recommendations for Creating Codes of Conduct for Processing Personal Data in Biobanking Based on the GDPR art.40

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          Abstract

          Personal data protection has become a fundamental normative challenge for biobankers and scientists researching human biological samples and associated data. The General Data Protection Regulation (GDPR) harmonises the law on protecting personal data throughout Europe and allows developing codes of conduct for processing personal data based on GDPR art. 40. Codes of conduct are a soft law measure to create protective standards for data processing adapted to the specific area, among others, to biobanking of human biological material. Challenges in this area were noticed by the European Data Protection Supervisor on data protection and Biobanking and BioMolecular Resources Research Infrastructure–European Research Infrastructure Consortium (BBMRI.ERIC). They concern mainly the specification of the definitions of the GDPR and the determination of the appropriate legal basis for data processing, particularly for transferring data to other European countries. Recommendations indicated in the article, which are based on the GDPR, guidelines published by the authority and expert bodies, and our experiences regarding the creation of the Polish code of conduct, should help develop how a code of conduct for processing personal data in biobanks should be developed.

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          Public opinion about the importance of privacy in biobank research.

          Concerns about privacy may deter people from participating in genetic research. Recruitment and retention of biobank participants requires understanding the nature and magnitude of these concerns. Potential participants in a proposed biobank were asked about their willingness to participate, their privacy concerns, informed consent, and data sharing. A representative survey of 4659 U.S. adults was conducted. Ninety percent of respondents would be concerned about privacy, 56% would be concerned about researchers having their information, and 37% would worry that study data could be used against them. However, 60% would participate in the biobank if asked. Nearly half (48%) would prefer to provide consent once for all research approved by an oversight panel, whereas 42% would prefer to provide consent for each project separately. Although 92% would allow academic researchers to use study data, 80% and 75%, respectively, would grant access to government and industry researchers. Concern about privacy was related to lower willingness to participate only when respondents were told that they would receive $50 for participation and would not receive individual research results back. Among respondents who were told that they would receive $200 or individual research results, privacy concerns were not related to willingness. Survey respondents valued both privacy and participation in biomedical research. Despite pervasive privacy concerns, 60% would participate in a biobank. Assuring research participants that their privacy will be protected to the best of researchers' abilities may increase participants' acceptance of consent for broad research uses of biobank data by a wide range of researchers.
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            Biobanking past, present and future: responsibilities and benefits.

            The review explores the field of biobanking as it has evolved from a simple collection of frozen specimens to the virtual biobank. Biorepository and biospecimen science has evolved in response to the changing landscape of external regulatory pressures, the advances made in the biological sciences, and the advent of the computer chip. Biospecimen banking is a growing enterprise crucial to health science research and other biological sciences. In this review we discuss the history of biobanking, highlight current and emerging issues, discuss demands and responses, and describe an example of a biobank, the University of California, San Francisco AIDS Specimen Bank that has functioned for 30 years.
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              Publics and biobanks: Pan-European diversity and the challenge of responsible innovation.

              This article examines public perceptions of biobanks in Europe using a multi-method approach combining quantitative and qualitative data. It is shown that public support for biobanks in Europe is variable and dependent on a range of interconnected factors: people's engagement with biobanks; concerns about privacy and data security, and trust in the socio-political system, key actors and institutions involved in biobanks. We argue that the biobank community needs to acknowledge the impact of these factors if they are to successfully develop and integrate biobanks at a pan-European level.
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                Author and article information

                Contributors
                Journal
                Front Genet
                Front Genet
                Front. Genet.
                Frontiers in Genetics
                Frontiers Media S.A.
                1664-8021
                12 November 2021
                2021
                : 12
                : 711614
                Affiliations
                [ 1 ]Department of Comparative Civil Law, Faculty of Law and Administration, University of Warsaw, Warsaw, Poland
                [ 2 ]BBMRI.pl Consortium, Wroclaw, Poland
                [ 3 ]Biobank Laboratory, Department of Molecular Biophysics, Faculty of Biology and Environmental Protection, University of Lodz, Łódź, Poland
                [ 4 ]Department of Humanities and Social Medicine, Medical University of Lublin, Lublin, Poland
                Author notes

                Edited by: Nut Koonrungsesomboon, Chiang Mai University, Thailand

                Reviewed by: Chih-Hsing Ho, Academia Sinica, Taiwan

                Tossapon Tassanakunlapan, Chiang Mai University, Thailand

                *Correspondence: Dorota Krekora-Zając, d.krekora@ 123456wpia.uw.edu.pl

                This article was submitted to ELSI in Science and Genetics, a section of the journal Frontiers in Genetics

                Article
                711614
                10.3389/fgene.2021.711614
                8633112
                64cd23ec-dc4f-43cf-834f-4fb86972eb31
                Copyright © 2021 Krekora-Zając, Marciniak and Pawlikowski.

                This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

                History
                : 18 May 2021
                : 18 October 2021
                Categories
                Genetics
                Policy and Practice Reviews

                Genetics
                code of conduct,biobanking,genetic data,recommendations,gdpr poland
                Genetics
                code of conduct, biobanking, genetic data, recommendations, gdpr poland

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