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PoPulationand Public HealtH etHics

PoPulationand Public HealtH etHics

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ulk of health-care needs, health-care research is also a communal<br />

enterprise, ecouraging people’s participation.<br />

» The nature of the emergency situation: In clinical settings, law<br />

and ethics generally allow for intervention without consent in true<br />

emergency situations. In research settings, the existence of an emergency<br />

situation needs to be taken into consideration, but ReBs are<br />

still expected to demonstrate continuing commitment to the core<br />

principles of ethics review. Any exceptions and infringements of the<br />

ethics principles and procedures have to be demonstrably justified<br />

by those urging the exception or infringement. It is also important<br />

1 (Chapter 6D)<br />

that these exceptions should not be unduly broad.<br />

» Secondary use of data and human biological samples: Secondary<br />

use refers to the use of data or materials originally collected<br />

for another purpose. Secondary use of anonymous information or<br />

anonymous tissue samples does not require review by an ReB or<br />

consent of those who provided data or biological samples. However,<br />

the researcher in our case is requesting access to data and samples<br />

that will have personal identifiers attached. Such access normally<br />

requires the consent of each research participant. An ReB may authorize<br />

the release of the identifiable information and biological<br />

samples if the researcher requests it and if the researcher can prove<br />

1 (Chapter 5,<br />

that certain conditions for protection of paticipants are met.<br />

article 5.5 and Chapter 12, article 12.3)<br />

» Likely harm or risks to the welfare of participants: Concern<br />

for the welfare of participants is one of the core principles that must<br />

guide ReBs in all decisions. 1 (Chapter 1B) In this case, the access to data<br />

and samples by another researcher is unlikely to result in any new<br />

harm or risk of harm to the physical, mental or spiritual health or<br />

to the social and economic standing of participants. In fact, these<br />

participants, as well as the rest of the population, may benefit from<br />

successful control of the infectious disease outbreak, if the new research<br />

project is allowed to go ahead rapidly.<br />

» The perspective of research participants: ReBs, when deciding<br />

on access to previously collected data and samples, are expected<br />

1 (Chapter 1B)<br />

to be mindful of the perspective of research participants.<br />

One participant, Jonathan Bleau, enrolled in the biobank because<br />

To Share or Not to Share?<br />

37

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