A paper analysing the challenges posed by genetic research and EU law was recently published in the Journal of Law and the Biosciences. It sheds light on the problems arising from the General Data Protection Regulation (GDPR) and its application in the EU Member States. Although the GDPR intends to harmonise data protection law within the EU, it leaves many aspects to the discretion of national regulation. The author then underlines the complexity of cross-border research situations. In such cases, the applicable national law would most likely be that of the Member State where the researcher carries out his research activities. Consequently, the article warns of the risk of a “forum-shopping effect” (p.18), and, of impeding individuals from benefiting from certain rights and conditions guaranteed by their States of residence. As a result, it recommends the uniformisation of rules at the EU level regarding the issue of data protection in research.
Journal of Law and the Biosciences. 2018 Nov.