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Property, Personality Rights and Data Protection with Regard to Biobanks: A Layered System with Germany as an Example
Abstract
This chapter is a discussion and analysis of the concept of property in the context of genetic research and biobanking. The authors are proposing a novel way of conceptualizing the concept of property, one which could unravel many difficulties that beset bioethical and legal debates on this issue. Once a certain part of the body is taken out, to what extent could the person from whom the tissue has been separated claim property right over the tissue? If the tissue is completely anonymized, then the person loses her right to claim the tissue to be her property. The linking could then be done by way of pseudonymization. Furthermore, the trustee model where the tissue is safeguarded and pseudonymized by a trustee could act as the middle path between complete retention of personal and property rights of the alienated tissue on the one hand, and complete disregard of the property or ownership rights to the tissue on the other
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