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13 SCRIPTed 70 (2016)
Enhancing Biobank Participants' Rights from Paper to Portal

handle is hein.journals/scripted13 and id is 70 raw text is: 











                         Volume 13, Issue 1, May 2016




              Enhancing Biobank Participants' Rights
                           From Paper to Portal

Jasper Bovenberg*, Mathijs Kattenberg**, Bart Baselmans***, Michel Sinke****, Remko
        Hoekstra ...., Dorret L Boomsma*.... and Gonneke Willemsen*.....



Abstract

On paper, participants in population biobanks - large-scale collections of human
samples and associated health data - enjoy a number of rights such as the right to
consent to their participation, to withdraw, to feedback and to view their data
(biobank rights). In reality, however, exercising these rights proves difficult, as it
requires participants to use pen and paper, envelops and stamps, and regular mail.
Worse, some rights are even denied, as honouring them is claimed to require a
disproportionate effort on the part of the biobank. This enforcement deficit is hard
to justify in the light of the same very developments in IT that helped build and use
the biobanks; why not deploy that technology to empower participants to exercise
their rights in those biobanks? This question may become an imperative, as the
recently adopted EU General Data Protection Regulation now requires biobanks to
facilitate the exercise of data subject rights. Introducing the concept of Consent and
Control Enhancing Technologies - akin to the concept of Privacy Enhancing



* Attorney at law and founding Director of the Legal Pathways Institute for Health and Bio Law,
Aerdenhout, The Netherlands.
  Advisor eScience and Cloud services, SURFsara, Amsterdam, The Netherlands.
  PhD student, Department of Biological Psychology, Vrije Universiteit Amsterdam, Amsterdam, The
Netherlands.
**** PhD student, Biomedical MR Imaging and Spectroscopy group, Center for Image Sciences,
University Medical Center Utrecht, Utrecht, The Netherlands.
    Director, AExist The Hague, The Netherlands.
****** Professor, BB PhD student, Department of Biological Psychology, Vrije Universiteit Amsterdam,
Amsterdam, The Netherlands.
******* Associate Professor, Department of Biological Psychology, Vrije Universiteit Amsterdam,
Amsterdam, The Netherlands.

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