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1.4. Consent in Biobanking
Consent in the field of biobanking has been an important consideration both for medical…
Moreover, informed consent is at the heart of biomedical research. Today biobank…
However, further processing can create obstacles for the protection of personal data…
Consequently, Neil and Onora argue that consent in biobanking differs from regular…
Traditional biomedical research involves experiments on human beings directly whereas…
Biobanks consist of multiple processing activities. When it is difficult to identify…
Broad consent is being seen as a tool that increases the value of biobanks since…
However, there is a discrepancy in the interpretation of broad consent which creates…
The literal interpretation of Article 5(1)(b) and Recital 33 of the GDPR differ from…
Article 5(1)(b) of the GDPR highlights the principle of purpose limitation:…
‘’Personal data shall be collected for specific, explicit and legitimate purposes…
As mentioned previously, biobanks may further process personal data by carrying out…
Consequently, Recital 33 allows for a general explanation of the purpose when it…
‘’It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection.…
The literal interpretation of these above-mentioned Articles allows biobanks to fall…
‘’ […] when special categories of data are processed on the basis of explicit consent, applying the flexible approach of Recital 33 will be…
Although the GDPR provided room for broad consent, it could be seen from the above-quoted…
Due to this discrepancy, EDPB was criticized by different international biobanking…
However, the application of broad consent is being criticized for not being specific,…
1.3. Consent Under the GDPR
1.5. Forms of Consent