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7 Stud. Ethics L. & Tech. 1 (2013)

handle is hein.journals/selt7 and id is 1 raw text is: 




Tass6: A Legal Perspective on Harmonization, Standardization and Unification


        Despite (..) enthusiastic predictions about the research benefits
        to be achieved through the exploitation of biobanked specimens
        and related information, there is continuing concern that this
        potential may not be realized soon. The problem is the lack of
        international consensus on appropriate regulatory standards and
        governance structures for biobanks. (Pullman et al., 2011)


Introduction

Biobanking activities are increasingly at the heart of research practices. Access to
such resources is of major importance since it avoids the limitations of research
conducted among smaller numbers of subjects. Moreover, the ability to combine
data from numerous biobanks is increasingly important as it allows for the
creation of very large datasets - as needed to study complex disease aetiology -
and optimizes the use of already collected research material. The last decade has
witnessed the creation of major international research consortia such as the
European Network for Genetic and Genomic Epidemiology (ENGAGE)1 and the
Biobank Standardisation and Harmonisation for Research Excellence in the
European Union (BioSHaRE.EU),2, but promoting biobanks networking and thus
maximizing public health benefits requires at least some degree of harmonization
(European Commission, 2010).     In international research initiatives, any
discrepancies between national/regional legal frameworks create hurdles for the
development and implementation of cross-border activities.
       Internationalization of genetic and genomic research, including the
creation of international research consortia, is limited by the diversity of national
perspectives on how to deal with legal and ethical issues (Pullman et al., 2011).
Unification, standardization  and  harmonization   of national/regional legal
frameworks are used to minimize legal discrepancies. Although quite different,
these concepts aim, to different extents, to facilitate international activities. The
terms harmonization, standardization and unification are often used rather
loosely (Tay and Parker, 2009), or in association with other concepts such as
interoperability (Kiehntopf and Krawczak, 2011), mutual recognition (Schmidt,
2007), or globalization (Cati Backer 2007; Crettez et al., 2009; Tay and Parker,
2009). However, these concepts have precise legal meanings, and the use of
either one or another leads to specific and different consequences.


1 European Network for Genetic and Genomic Epidemiology (ENGAGE), available at:
http://www.euengage.org/
2 Biobank Standardisation and Hannonisation for Research Excellence in the European Union
(BioSHaRE.EU), available at: http://www.bioshare.eu


Published by De Gruyter, 2013

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