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8 Eur. J. Health L. 363 (2001)
Population Based Genetic Research: Estonian Answer to the Legal Challenge

handle is hein.journals/eurjhlb8 and id is 373 raw text is: European Journal of Health Law 8: 363-371, 2001. 363 C 2002 Kluwer Law International. Printed in the Netherlands. NEWS AND VIEWS Population based genetic research: Estonian answer to the legal challenge TARMO SILD, LLM & TAMBET MULLARI, LLM° Attorneys at law, HETA Law Offices, Estonia Estonia is developing its Gene Bank project with a view to gather DNA's and health data of the whole Estonian population in order to make these, subject to certain restrictions, available to the scientific community for genetic research. As a branch of applied science, genetics is directed toward the study of evolutionary aspects of heredity and reproduction, while other branches of medical science exist in part to threat the present infirmities of the genetically inferior. Moreover, the research is expected to take years and be conducted by several entities for various purposes. For Estonian legislator it meant that existing rules on medical research and trials do not suffice for the Gene Bank project so far as the research objectives and results extend beyond the traditional. The first decision: to allow human genome research - has implicitly been made by adopting the Human Genes Research Act. The law entered into force on January 1 2001. It addressed some principal issues and contains certain value decisions which might be of interest for other jurisdictions. It should be noted in the beginning that regardless of its title, the Act is rather focused on empirical fact gathering and processing and protection of participating individuals than actual research itself. The Act also generally addresses abuse of the results of genetic research. It is opening a legal way for empirical human genetics and dealing with possible dangers that result, however the research activities itself are left to the discretion of scientists and subject to other domestic or international regulations. The English version of the text is available for everybody's direct review. This article is to present the concept of the law through three questions: 1. Who are the stakeholders and what are their interests in the process of fact gathering and research? 2. Who controls the fact gathering and research process?

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