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Published in: Irish Journal of Medical Science (1971 -) 4/2019

Open Access 01-11-2019 | Original Article

GDPR: an impediment to research?

Authors: Niamh Clarke, Gillian Vale, Emer P. Reeves, Mary Kirwan, David Smith, Michael Farrell, Gerard Hurl, Noel G. McElvaney

Published in: Irish Journal of Medical Science (1971 -) | Issue 4/2019

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Abstract

Background

The recent introduction of the General Data Protection Regulation and Health Research Regulations has been an area of significant concern for those engaged in clinical research. These European regulations, following subsequent interpretation by Ireland’s Department of Health, now place Ireland in a unique position which differs substantially from other European countries and may prove a significant impediment to Irish clinical research, depriving Irish patients of timely access to potentially life-saving treatments and making Ireland less attractive to pharmaceutical companies engaged in this area. At the very least, the regulations, as applied in Ireland, will place a significant extra burden of work on Ireland’s clinical researchers and at their worst will force individuals and institutions out of the clinical research field, which will result in significant loss to the Irish knowledge economy and lead to the detriment of patient care.

Aim

In this article, we explore what exactly is proposed by Europe’s GDPR and by Ireland’s Health Research Regulations. We look at the challenges presented to clinical researchers, and we highlight those areas, which need clarification by the Department of Health and by the Data Protection Commissioner.

Conclusions

We propose five recommendations, which would ameliorate some of the more restrictive impositions of these regulations. This review was commissioned by the Irish Academy of Medical Science.
Literature
1.
go back to reference Wendler D, Rackoff J (2002) Consent for continuing research participation: what is it and when should it be obtained? IRB Ethics Hum Res 24:1–6CrossRef Wendler D, Rackoff J (2002) Consent for continuing research participation: what is it and when should it be obtained? IRB Ethics Hum Res 24:1–6CrossRef
2.
go back to reference Dal-Ré R, Avendaño C, Gil-Aguado A, Gracia D, Caplan AL (2008) When should re-consent of subjects participating in a clinical trial be requested? A case-oriented algorithm to assist in the decision-making process. Clin Pharmacol Ther 83:788–793CrossRef Dal-Ré R, Avendaño C, Gil-Aguado A, Gracia D, Caplan AL (2008) When should re-consent of subjects participating in a clinical trial be requested? A case-oriented algorithm to assist in the decision-making process. Clin Pharmacol Ther 83:788–793CrossRef
Metadata
Title
GDPR: an impediment to research?
Authors
Niamh Clarke
Gillian Vale
Emer P. Reeves
Mary Kirwan
David Smith
Michael Farrell
Gerard Hurl
Noel G. McElvaney
Publication date
01-11-2019
Publisher
Springer London
Published in
Irish Journal of Medical Science (1971 -) / Issue 4/2019
Print ISSN: 0021-1265
Electronic ISSN: 1863-4362
DOI
https://doi.org/10.1007/s11845-019-01980-2

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