Streamlining regulatory processes for health researchers: To what extent does POPIA apply?
Personal information in health research commands utmost protection while also preserving the growth of health research. This paper aims to establish which legislation applies when processing personal information for health research. South Africa regulates health research on human subjects through a...
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| Format: | Article |
| Language: | English |
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South African Medical Association
2023-08-01
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| Series: | South African Medical Journal |
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| Online Access: | https://samajournals.co.za/index.php/samj/article/view/781 |
| _version_ | 1797327839541854208 |
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| author | V Bronstein D T Nyachowe |
| author_facet | V Bronstein D T Nyachowe |
| author_sort | V Bronstein |
| collection | DOAJ |
| description |
Personal information in health research commands utmost protection while also preserving the growth of health research. This paper aims to establish which legislation applies when processing personal information for health research. South Africa regulates health research on human subjects through a network of Human Research Ethics Committees. The Protection of Personal Information Act No. 4 of 2013 (POPIA) has recently come into force. Section 2(3)(b) of POPIA provides that POPIA does not apply where other legislation creates ‘more extensive’ conditions for the lawful processing of personal information than Chapter 3 of POPIA does. We show that the provisions of the sectoral legislation on health are more extensive than the conditions in Chapter 3 of POPIA and hence the sectoral legislation prevails. This simplifies the regulation of health research. One of the implications of this finding is that the definition of broad consent in the sectoral legislation for health research should be applied to the exclusion of the consent provisions in POPIA.
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| first_indexed | 2024-03-08T06:44:13Z |
| format | Article |
| id | doaj.art-582138079ea84888aa68f7989d6f8e94 |
| institution | Directory Open Access Journal |
| issn | 0256-9574 2078-5135 |
| language | English |
| last_indexed | 2024-03-08T06:44:13Z |
| publishDate | 2023-08-01 |
| publisher | South African Medical Association |
| record_format | Article |
| series | South African Medical Journal |
| spelling | doaj.art-582138079ea84888aa68f7989d6f8e942024-02-03T08:18:50ZengSouth African Medical AssociationSouth African Medical Journal0256-95742078-51352023-08-01112810.7196/SAMJ.2023.v113i8.781Streamlining regulatory processes for health researchers: To what extent does POPIA apply?V Bronstein0D T Nyachowe1Associate Professor, School of Law, University of the Witwatersrand, Johannesburg, South AfricaJunior Researcher, Sydney Brenner Institute of Molecular Bioscience, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa Personal information in health research commands utmost protection while also preserving the growth of health research. This paper aims to establish which legislation applies when processing personal information for health research. South Africa regulates health research on human subjects through a network of Human Research Ethics Committees. The Protection of Personal Information Act No. 4 of 2013 (POPIA) has recently come into force. Section 2(3)(b) of POPIA provides that POPIA does not apply where other legislation creates ‘more extensive’ conditions for the lawful processing of personal information than Chapter 3 of POPIA does. We show that the provisions of the sectoral legislation on health are more extensive than the conditions in Chapter 3 of POPIA and hence the sectoral legislation prevails. This simplifies the regulation of health research. One of the implications of this finding is that the definition of broad consent in the sectoral legislation for health research should be applied to the exclusion of the consent provisions in POPIA. https://samajournals.co.za/index.php/samj/article/view/781Health ResearchPOPIANational Health ActConsent |
| spellingShingle | V Bronstein D T Nyachowe Streamlining regulatory processes for health researchers: To what extent does POPIA apply? South African Medical Journal Health Research POPIA National Health Act Consent |
| title | Streamlining regulatory processes for health researchers: To what extent does POPIA apply? |
| title_full | Streamlining regulatory processes for health researchers: To what extent does POPIA apply? |
| title_fullStr | Streamlining regulatory processes for health researchers: To what extent does POPIA apply? |
| title_full_unstemmed | Streamlining regulatory processes for health researchers: To what extent does POPIA apply? |
| title_short | Streamlining regulatory processes for health researchers: To what extent does POPIA apply? |
| title_sort | streamlining regulatory processes for health researchers to what extent does popia apply |
| topic | Health Research POPIA National Health Act Consent |
| url | https://samajournals.co.za/index.php/samj/article/view/781 |
| work_keys_str_mv | AT vbronstein streamliningregulatoryprocessesforhealthresearcherstowhatextentdoespopiaapply AT dtnyachowe streamliningregulatoryprocessesforhealthresearcherstowhatextentdoespopiaapply |