Protecting Genetic Privacy in Biobanking Through Data Protection Law

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Publisher :
ISBN 13 : 0192896474
Total Pages : 305 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Protecting Genetic Privacy in Biobanking Through Data Protection Law by : Dara Hallinan

Download or read book Protecting Genetic Privacy in Biobanking Through Data Protection Law written by Dara Hallinan and published by . This book was released on 2021-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hallinan argues that the substantive framework presented by the GDPR offers an admirable base-line level of protection for the range of genetic privacy rights engaged by biobanking.

GDPR and Biobanking

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Author :
Publisher : Springer Nature
ISBN 13 : 3030493881
Total Pages : 432 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis GDPR and Biobanking by : Jane Reichel

Download or read book GDPR and Biobanking written by Jane Reichel and published by Springer Nature. This book was released on 2021 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .

Protecting Genetic Privacy in Biobanking through Data Protection Law

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Publisher : Oxford University Press
ISBN 13 : 0192650394
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Protecting Genetic Privacy in Biobanking through Data Protection Law by : Dara Hallinan

Download or read book Protecting Genetic Privacy in Biobanking through Data Protection Law written by Dara Hallinan and published by Oxford University Press. This book was released on 2021-03-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biobanks are critical infrastructure for medical research but they are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25th May 2018 the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking in Europe. Hallinan argues that the substantive framework presented by the GDPR already offers an admirable base-line level of protection for the range of genetic privacy rights engaged by biobanking. The book further argues that, whilst numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

Genetic Privacy: An Evaluation Of The Ethical And Legal Landscape

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Publisher : World Scientific
ISBN 13 : 1783263075
Total Pages : 412 pages
Book Rating : 4.7/5 (832 download)

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Book Synopsis Genetic Privacy: An Evaluation Of The Ethical And Legal Landscape by : Terry Sheung-hung Kaan

Download or read book Genetic Privacy: An Evaluation Of The Ethical And Legal Landscape written by Terry Sheung-hung Kaan and published by World Scientific. This book was released on 2013-07-04 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is an unwieldy concept that has eluded an essentialised definition despite its centrality and importance in the body of bioethics. The compilation presented in this volume represents continuing discussions on the theme of privacy in the context of genetic information. It is intended to present a wide range of expert opinion in which the notion of privacy is examined from many perspectives, in different contexts and imperatives, and in different societies, with the hope of advancing an understanding of privacy through the examination and critique of some of its evolving component concepts such as notions of what constitute the personal, the context of privacy, the significance and impact of the relational interests of others who may share the same genetic inheritance, and mechanisms for the protection of privacy (as well as of their limitations), among others. More specifically, the discussions in this volume encourages us to think broadly about privacy, as encompassing values that are entailed in the sociality of context and of relations, and also as freedom from illegitimate and excessive surveillance. A long-standing question that continues to challenge us is whether genetic information should be regarded as exceptional, as it is often perceived. A conclusion that could be derived from this volume is that while genetic information may be significant, it is not exceptionally so. The work presented in this volume underlines the continuing and growing relevance of notions of privacy to genomic science, and the need to take ownership of a genetic privacy for the future through broad, rigorous and open discussion.Contributors: Alastair V Campbell, Benjamin Capps, Jacqueline JL Chin, Oi Lian Kon, Kenji Matsui, Thomas H Murray, Nazirudin Mohd Nasir, Dianne Nicol, Anh Tuan Nuyen, Onora O'Neill, Margaret Otlowski, Yvette van der Eijk, Chunshui Wang, Ross S White.

Genetic Data and the Law

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Publisher : Cambridge University Press
ISBN 13 : 1107378184
Total Pages : 247 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Genetic Data and the Law by : Mark Taylor

Download or read book Genetic Data and the Law written by Mark Taylor and published by Cambridge University Press. This book was released on 2012-03-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research using genetic data raises various concerns relating to privacy protection. Many of these concerns can also apply to research that uses other personal data, but not with the same implications for failure. The norms of exclusivity associated with a private life go beyond the current legal concept of personal data to include genetic data that relates to multiple identifiable individuals simultaneously and anonymous data that could be associated with any number of individuals in different, but reasonably foreseeable, contexts. It is the possibilities and implications of association that are significant, and these possibilities can only be assessed if one considers the interpretive potential of data. They are missed if one fixates upon its interpretive pedigree or misunderstands the meaning and significance of identification. This book demonstrates how the public interest in research using genetic data might be reconciled with the public interest in proper privacy protection.

Protecting Individuals Against the Negative Impact of Big Data

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501413
Total Pages : 266 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Protecting Individuals Against the Negative Impact of Big Data by : Manon Oostveen

Download or read book Protecting Individuals Against the Negative Impact of Big Data written by Manon Oostveen and published by Kluwer Law International B.V.. This book was released on 2018-07-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.

Comparative Issues in the Governance of Research Biobanks

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Publisher : Springer Science & Business Media
ISBN 13 : 3642331165
Total Pages : 334 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Comparative Issues in the Governance of Research Biobanks by : Giovanni Pascuzzi

Download or read book Comparative Issues in the Governance of Research Biobanks written by Giovanni Pascuzzi and published by Springer Science & Business Media. This book was released on 2013-01-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, the boom in biobanking has prompted a lively debate on a host of interrelated legal issues, such as the Gordian knot of the ownership of biological materials, as well as privacy concerns. The latter are due to the difficulty of accepting that biological samples must be completely anonymous without making it practically impossible to exploit their information potential. The issues also include the delicate role and the changing content of the donor’s “informed consent” as the main legal tool that may serve to link the privacy and property interests of donors with the research interests and the set of principles that should be at the core of the biobanking practice. Lastly, the IP issues and the patentability of biological samples as well as the protection of databases storing genetic information obtained from the samples are covered. Collecting eighteen essays written by eminent scholars from Italy, the US, the UK and Canada, this book provides new solutions to these problems. From a comparative viewpoint, it explores the extent to which digital technology may assist in tackling the numerous regulatory issues raised by the practice of biobanking for research purposes. These issues may be considered and analyzed under the traditional paradigms of Property, Privacy, Informed Consent and Intellectual Property.

Beyond the HIPAA Privacy Rule

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Publisher : National Academies Press
ISBN 13 : 0309124999
Total Pages : 334 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Beyond the HIPAA Privacy Rule by : Institute of Medicine

Download or read book Beyond the HIPAA Privacy Rule written by Institute of Medicine and published by National Academies Press. This book was released on 2009-03-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the realm of health care, privacy protections are needed to preserve patients' dignity and prevent possible harms. Ten years ago, to address these concerns as well as set guidelines for ethical health research, Congress called for a set of federal standards now known as the HIPAA Privacy Rule. In its 2009 report, Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research, the Institute of Medicine's Committee on Health Research and the Privacy of Health Information concludes that the HIPAA Privacy Rule does not protect privacy as well as it should, and that it impedes important health research.

Conducting Biosocial Surveys

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Publisher : National Academies Press
ISBN 13 : 0309157064
Total Pages : 124 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Conducting Biosocial Surveys by : National Research Council

Download or read book Conducting Biosocial Surveys written by National Research Council and published by National Academies Press. This book was released on 2010-10-02 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a growing tendency for social scientists to collect biological specimens such as blood, urine, and saliva as part of large-scale household surveys. By combining biological and social data, scientists are opening up new fields of inquiry and are able for the first time to address many new questions and connections. But including biospecimens in social surveys also adds a great deal of complexity and cost to the investigator's task. Along with the usual concerns about informed consent, privacy issues, and the best ways to collect, store, and share data, researchers now face a variety of issues that are much less familiar or that appear in a new light. In particular, collecting and storing human biological materials for use in social science research raises additional legal, ethical, and social issues, as well as practical issues related to the storage, retrieval, and sharing of data. For example, acquiring biological data and linking them to social science databases requires a more complex informed consent process, the development of a biorepository, the establishment of data sharing policies, and the creation of a process for deciding how the data are going to be shared and used for secondary analysis-all of which add cost to a survey and require additional time and attention from the investigators. These issues also are likely to be unfamiliar to social scientists who have not worked with biological specimens in the past. Adding to the attraction of collecting biospecimens but also to the complexity of sharing and protecting the data is the fact that this is an era of incredibly rapid gains in our understanding of complex biological and physiological phenomena. Thus the tradeoffs between the risks and opportunities of expanding access to research data are constantly changing. Conducting Biosocial Surveys offers findings and recommendations concerning the best approaches to the collection, storage, use, and sharing of biospecimens gathered in social science surveys and the digital representations of biological data derived therefrom. It is aimed at researchers interested in carrying out such surveys, their institutions, and their funding agencies.

Big Data, Health Law, and Bioethics

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Publisher : Cambridge University Press
ISBN 13 : 110815364X
Total Pages : 374 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Big Data, Health Law, and Bioethics by : I. Glenn Cohen

Download or read book Big Data, Health Law, and Bioethics written by I. Glenn Cohen and published by Cambridge University Press. This book was released on 2018-03-08 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

Group Privacy

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Publisher : Springer
ISBN 13 : 3319466089
Total Pages : 249 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Group Privacy by : Linnet Taylor

Download or read book Group Privacy written by Linnet Taylor and published by Springer. This book was released on 2016-12-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies.

The Immortal Life of Henrietta Lacks

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Publisher : Crown
ISBN 13 : 0307589382
Total Pages : 386 pages
Book Rating : 4.3/5 (75 download)

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Book Synopsis The Immortal Life of Henrietta Lacks by : Rebecca Skloot

Download or read book The Immortal Life of Henrietta Lacks written by Rebecca Skloot and published by Crown. This book was released on 2010-02-02 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NEW YORK TIMES BESTSELLER • “The story of modern medicine and bioethics—and, indeed, race relations—is refracted beautifully, and movingly.”—Entertainment Weekly NOW A MAJOR MOTION PICTURE FROM HBO® STARRING OPRAH WINFREY AND ROSE BYRNE • ONE OF THE “MOST INFLUENTIAL” (CNN), “DEFINING” (LITHUB), AND “BEST” (THE PHILADELPHIA INQUIRER) BOOKS OF THE DECADE • ONE OF ESSENCE’S 50 MOST IMPACTFUL BLACK BOOKS OF THE PAST 50 YEARS • WINNER OF THE CHICAGO TRIBUNE HEARTLAND PRIZE FOR NONFICTION NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • Entertainment Weekly • O: The Oprah Magazine • NPR • Financial Times • New York • Independent (U.K.) • Times (U.K.) • Publishers Weekly • Library Journal • Kirkus Reviews • Booklist • Globe and Mail Her name was Henrietta Lacks, but scientists know her as HeLa. She was a poor Southern tobacco farmer who worked the same land as her slave ancestors, yet her cells—taken without her knowledge—became one of the most important tools in medicine: The first “immortal” human cells grown in culture, which are still alive today, though she has been dead for more than sixty years. HeLa cells were vital for developing the polio vaccine; uncovered secrets of cancer, viruses, and the atom bomb’s effects; helped lead to important advances like in vitro fertilization, cloning, and gene mapping; and have been bought and sold by the billions. Yet Henrietta Lacks remains virtually unknown, buried in an unmarked grave. Henrietta’s family did not learn of her “immortality” until more than twenty years after her death, when scientists investigating HeLa began using her husband and children in research without informed consent. And though the cells had launched a multimillion-dollar industry that sells human biological materials, her family never saw any of the profits. As Rebecca Skloot so brilliantly shows, the story of the Lacks family—past and present—is inextricably connected to the dark history of experimentation on African Americans, the birth of bioethics, and the legal battles over whether we control the stuff we are made of. Over the decade it took to uncover this story, Rebecca became enmeshed in the lives of the Lacks family—especially Henrietta’s daughter Deborah. Deborah was consumed with questions: Had scientists cloned her mother? Had they killed her to harvest her cells? And if her mother was so important to medicine, why couldn’t her children afford health insurance? Intimate in feeling, astonishing in scope, and impossible to put down, The Immortal Life of Henrietta Lacks captures the beauty and drama of scientific discovery, as well as its human consequences.

Human Subjects Research Regulation

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Author :
Publisher : MIT Press
ISBN 13 : 0262320835
Total Pages : 393 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Human Subjects Research Regulation by : I. Glenn Cohen

Download or read book Human Subjects Research Regulation written by I. Glenn Cohen and published by MIT Press. This book was released on 2014-07-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts from different disciplines offer novel ideas for improving research oversight and protection of human subjects. The current framework for the regulation of human subjects research emerged largely in reaction to the horrors of Nazi human experimentation, revealed at the Nuremburg trials, and the Tuskegee syphilis study, conducted by U.S. government researchers from 1932 to 1972. This framework, combining elements of paternalism with efforts to preserve individual autonomy, has remained fundamentally unchanged for decades. Yet, as this book documents, it has significant flaws—including its potential to burden important research, overprotect some subjects and inadequately protect others, generate inconsistent results, and lag behind developments in how research is conducted. Invigorated by the U.S. government's first steps toward change in over twenty years, Human Subjects Research Regulation brings together the leading thinkers in this field from ethics, law, medicine, and public policy to discuss how to make the system better. The result is a collection of novel ideas—some incremental, some radical—for the future of research oversight and human subject protection. After reviewing the history of U.S. research regulations, the contributors consider such topics as risk-based regulation; research involving vulnerable populations (including military personnel, children, and prisoners); the relationships among subjects, investigators, sponsors, and institutional review boards; privacy, especially regarding biospecimens and tissue banking; and the possibility of fundamental paradigm shifts. Contributors Adam Braddock, Alexander Morgan Capron, Ellen Wright Clayton, I. Glenn Cohen, Susan Cox, Amy L. Davis, Hilary Eckert, Barbara J. Evans, Nir Eyal, Heidi Li Feldman, Benjamin Fombonne, Elisa A. Hurley, Ana S. Iltis, Gail H. Javitt, Greg Koski, Nicole Lockhart, Holly Fernandez Lynch, Michael McDonald, Michelle N. Meyer, Osagie K. Obasogie, Efthimios Parasidis, Govind Persad, Rosamond Rhodes, Suzanne M. Rivera, Zachary M. Schrag, Seema K. Shah, Jeffrey Skopek, Laura Stark, Patrick Taylor, Anne Townsend, Carol Weil, Brett A. Williams, Leslie E. Wolf

The Ethical and Legal Regulation of Human Tissue and Biobank Research in Europe

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Publisher : Universitätsverlag Göttingen
ISBN 13 : 3863950313
Total Pages : 183 pages
Book Rating : 4.8/5 (639 download)

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Book Synopsis The Ethical and Legal Regulation of Human Tissue and Biobank Research in Europe by : Nils Hoppe

Download or read book The Ethical and Legal Regulation of Human Tissue and Biobank Research in Europe written by Nils Hoppe and published by Universitätsverlag Göttingen. This book was released on 2011 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Human tissue and biobank research is of increasing importance for understanding the causes of widespread diseases and developing effective therapies. However, while the success of biobank research depends on the availability of a large number of samples and the consolidation of collections across country borders is very desirable from the perspective of researchers, the legal and ethical requirements for the procurement, storage and use of human tissue samples are rather heterogeneous across different countries. Moreover, the lack of comprehensive supranational regulation on human tissue and biobanking can be seen as posing a serious threat to transnational biomedical research. Against this background, it was one of the aims of the EU-funded Tiss.EU project ('Evaluation of Legislation and Related Guidelines on the Procurement, Storage and Transfer of Human Tissues and Cells in the European Union--an Evidence-Based Impact Analysis') to analyse the ethical and legal regulation of human tissue and biobank research across the 27 European Member States plus Switzerland. The results of nine international workshops and three conferences are gathered in this volume. While the country reports evaluate the implementation of ethical and legal guidelines at a national level, point out their strengths and deficits, and, where required, create an evidence base for the revision of said legislation, the conference reports address more general ethical and legal issues in this field. The volume is completed by a final presentation of project's results"--Publisher's description

The Gene Wars

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Publisher : W. W. Norton & Company
ISBN 13 : 9780393035728
Total Pages : 426 pages
Book Rating : 4.0/5 (357 download)

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Book Synopsis The Gene Wars by : Robert M. Cook-Deegan

Download or read book The Gene Wars written by Robert M. Cook-Deegan and published by W. W. Norton & Company. This book was released on 1994 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cook-Deegan, a former director of the Biomedical Ethics Advisory Committee of the US Congress and an advisor to the National Center for Human Genome Research, gives a firsthand account of the struggle to launch the Human Genome Project. Using primary documents and interviews, Cook-Deegan explains scientific details, chronicles the origins of the project, covers the conflicts and partnerships between the organizations involved, and examines ethical, legal, and social issues of DNA research. Includes bandw photos. Annotation copyright by Book News, Inc., Portland, OR

The Emergence of Biolaw

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Publisher : Springer Nature
ISBN 13 : 3031023595
Total Pages : 319 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis The Emergence of Biolaw by : Takis Vidalis

Download or read book The Emergence of Biolaw written by Takis Vidalis and published by Springer Nature. This book was released on 2022-06-20 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

Social Dimensions of Privacy

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Publisher : Cambridge University Press
ISBN 13 : 1107052378
Total Pages : 377 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Social Dimensions of Privacy by : Beate Roessler

Download or read book Social Dimensions of Privacy written by Beate Roessler and published by Cambridge University Press. This book was released on 2015-06-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary group of privacy scholars explores social meaning and value of privacy in new privacy-sensitive areas.