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Property, personality rights and data protection with regard to biobanks: A layered system with Germany as an example

Research output: Contributions to collected editions/works › Chapter › peer-review

Standard

Property, personality rights and data protection with regard to biobanks : A layered system with Germany as an example. / Simon, Jürgen; Robienski, Jürgen.

Genomics and Bioethics: Interdisciplinary Perspectives, Technologies and Advancements. ed. / Soraj Hongladarom. IGI Global Publishing, 2010. p. 256-262.

Research output: Contributions to collected editions/works › Chapter › peer-review

Harvard

Simon, J & Robienski, J 2010, Property, personality rights and data protection with regard to biobanks: A layered system with Germany as an example. in S Hongladarom (ed.), Genomics and Bioethics: Interdisciplinary Perspectives, Technologies and Advancements. IGI Global Publishing, pp. 256-262. https://doi.org/10.4018/978-1-61692-883-4.ch017

APA

Simon, J., & Robienski, J. (2010). Property, personality rights and data protection with regard to biobanks: A layered system with Germany as an example. In S. Hongladarom (Ed.), Genomics and Bioethics: Interdisciplinary Perspectives, Technologies and Advancements (pp. 256-262). IGI Global Publishing. https://doi.org/10.4018/978-1-61692-883-4.ch017

Vancouver

Simon J, Robienski J. Property, personality rights and data protection with regard to biobanks: A layered system with Germany as an example. In Hongladarom S, editor, Genomics and Bioethics: Interdisciplinary Perspectives, Technologies and Advancements. IGI Global Publishing. 2010. p. 256-262 doi: 10.4018/978-1-61692-883-4.ch017

Bibtex

@inbook{c49b30e4c8d443b18ab2ef6f7da29ad6,
title = "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.",
keywords = "Law",
author = "J{\"u}rgen Simon and J{\"u}rgen Robienski",
year = "2010",
doi = "10.4018/978-1-61692-883-4.ch017",
language = "English",
isbn = "9781616928834",
pages = "256--262",
editor = "Soraj Hongladarom",
booktitle = "Genomics and Bioethics",
publisher = "IGI Global Publishing",
address = "United States",

}

RIS

TY - CHAP

T1 - Property, personality rights and data protection with regard to biobanks

T2 - A layered system with Germany as an example

AU - Simon, Jürgen

AU - Robienski, Jürgen

PY - 2010

Y1 - 2010

N2 - 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.

AB - 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.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=84900113946&partnerID=8YFLogxK

U2 - 10.4018/978-1-61692-883-4.ch017

DO - 10.4018/978-1-61692-883-4.ch017

M3 - Chapter

AN - SCOPUS:84900113946

SN - 9781616928834

SN - 1616928832

SP - 256

EP - 262

BT - Genomics and Bioethics

A2 - Hongladarom, Soraj

PB - IGI Global Publishing

ER -

DOI