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Regulation and social perceptions of Genetic Data Banking in Germany Dr.phil. Dr. rer. publ. Brigitte Jansen, Visiting Professor University of Madras /

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Presentation on theme: "Regulation and social perceptions of Genetic Data Banking in Germany Dr.phil. Dr. rer. publ. Brigitte Jansen, Visiting Professor University of Madras /"— Presentation transcript:

1 Regulation and social perceptions of Genetic Data Banking in Germany Dr.phil. Dr. rer. publ. Brigitte Jansen, Visiting Professor University of Madras / EuroAkad, Research Center Biotechnology and Law, Germany

2 Reasons for genetic data banking and status of collections Reasons for genetic data banking and status of collections Social perception of genetic data banking in Germany Social perception of genetic data banking in Germany Management, quality control and security issues Management, quality control and security issues Legal aspects of genetic data banking in the medical area Legal aspects of genetic data banking in the medical area The fundamental rights of concerned persons The fundamental rights of concerned persons

3 of § 81 a, c and completed by § 81 e, f, g Criminal Procedure Code of § 81 a, c and completed by § 81 e, f, g Criminal Procedure Code

4 The fundamental rights of concerned persons Human dignity, the highest value of the German Constitution (GG) and protected by the “guaranty of eternity”, in Art 79 III GG Human dignity, the highest value of the German Constitution (GG) and protected by the “guaranty of eternity”, in Art 79 III GG Art. 1 I S. 2 GG, the obligation for all governmental authorities, to respect and protect the dignity Art. 1 I S. 2 GG, the obligation for all governmental authorities, to respect and protect the dignity

5 Federal Data Protection Law in relation to biobanking BDSG = Bundesdatenschutzgesetz (Federal Dataprotection law) BDSG = Bundesdatenschutzgesetz (Federal Dataprotection law) § 3 a BDSG collecting personal data if it is really necessary § 3 a BDSG collecting personal data if it is really necessary § 1 I BDSG: Personal rights § 1 I BDSG: Personal rights § 4 I BDSG: data qualifying them as personal data in the sense of § 3 IX BDSG. § 28 III No 1, 2 BDSG allows the use and transfer for danger preventive or criminal procedure purposes, despite the initial purpose. § 4 I BDSG: data qualifying them as personal data in the sense of § 3 IX BDSG. § 28 III No 1, 2 BDSG allows the use and transfer for danger preventive or criminal procedure purposes, despite the initial purpose.

6 Thank you for your attention!


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