Protection of Personal Information Act No 4 of 2013: Implications for biobanks

The Protection of Personal Information Act (POPIA) No. 4 of 2013 is the first comprehensive data-protection regulation to be passed in South Africa (SA). Its objectives include giving effect to the constitutional right to privacy by regulating the way in which personal information must be processed,...

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Main Authors: C Staunton, E de Stadler
Format: Article
Language:English
Published: South African Medical Association 2019-04-01
Series:South African Medical Journal
Online Access:http://www.samj.org.za/index.php/samj/article/download/12578/8790
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author C Staunton
E de Stadler
author_facet C Staunton
E de Stadler
author_sort C Staunton
collection DOAJ
description The Protection of Personal Information Act (POPIA) No. 4 of 2013 is the first comprehensive data-protection regulation to be passed in South Africa (SA). Its objectives include giving effect to the constitutional right to privacy by regulating the way in which personal information must be processed, balancing the right to privacy against other rights, and establishing an Information Regulator to ensure that the rights protected by POPIA are respected. POPIA will have an impact on health research, including biobanks. As sharing of samples and data is a central feature of biobanks, POPIA could change the way in which data are obtained, shared and exported. In particular, the provisions regarding data minimisation, requirements pertaining to the transfer of data abroad, consent provisions and identification of the ‘responsible person’ will impact the operation of biobanks in SA. With POPIA soon to come into force, it is now time to consider its implications for biobanks in SA.
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spelling doaj.art-38c6a6cc001e42a9b69c72f9420ea56f2024-01-02T13:29:10ZengSouth African Medical AssociationSouth African Medical Journal0256-95742078-51352019-04-01109423223410.7196/SAMJ.2019.v109i4.13617Protection of Personal Information Act No 4 of 2013: Implications for biobanksC StauntonE de StadlerThe Protection of Personal Information Act (POPIA) No. 4 of 2013 is the first comprehensive data-protection regulation to be passed in South Africa (SA). Its objectives include giving effect to the constitutional right to privacy by regulating the way in which personal information must be processed, balancing the right to privacy against other rights, and establishing an Information Regulator to ensure that the rights protected by POPIA are respected. POPIA will have an impact on health research, including biobanks. As sharing of samples and data is a central feature of biobanks, POPIA could change the way in which data are obtained, shared and exported. In particular, the provisions regarding data minimisation, requirements pertaining to the transfer of data abroad, consent provisions and identification of the ‘responsible person’ will impact the operation of biobanks in SA. With POPIA soon to come into force, it is now time to consider its implications for biobanks in SA.http://www.samj.org.za/index.php/samj/article/download/12578/8790
spellingShingle C Staunton
E de Stadler
Protection of Personal Information Act No 4 of 2013: Implications for biobanks
South African Medical Journal
title Protection of Personal Information Act No 4 of 2013: Implications for biobanks
title_full Protection of Personal Information Act No 4 of 2013: Implications for biobanks
title_fullStr Protection of Personal Information Act No 4 of 2013: Implications for biobanks
title_full_unstemmed Protection of Personal Information Act No 4 of 2013: Implications for biobanks
title_short Protection of Personal Information Act No 4 of 2013: Implications for biobanks
title_sort protection of personal information act no 4 of 2013 implications for biobanks
url http://www.samj.org.za/index.php/samj/article/download/12578/8790
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AT edestadler protectionofpersonalinformationactno4of2013implicationsforbiobanks