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Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Belgian, Dutch and English Law

Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under... This paper provides a brief comparative comment on the three contributions of van der Hart-Zwart, Boddez & Nys, and Choong & Mifsud Bonnici included in the present volume. The three contributions reflect on the use of medical information and/or human bodily material obtained before or after death and used for medical research purposes after the death. The present reflective note first looks at the legal shortcomings pointed out in the three contributions, primarily the lack of clarity on whether medical confidentiality survives after death, the non-applicability of the right to private life and data protection after death and the incomplete rules on the use of bodily material of deceased persons for medical purposes. The paper then gradually reflects on the way the three jurisdictions combine attempts at legal certainty and pragmatism to deal with these shortcomings. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Comparative Law and Governance Brill

Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Belgian, Dutch and English Law

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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2213-4506
eISSN
2213-4514
DOI
10.1163/22134514-00102007
Publisher site
See Article on Publisher Site

Abstract

This paper provides a brief comparative comment on the three contributions of van der Hart-Zwart, Boddez & Nys, and Choong & Mifsud Bonnici included in the present volume. The three contributions reflect on the use of medical information and/or human bodily material obtained before or after death and used for medical research purposes after the death. The present reflective note first looks at the legal shortcomings pointed out in the three contributions, primarily the lack of clarity on whether medical confidentiality survives after death, the non-applicability of the right to private life and data protection after death and the incomplete rules on the use of bodily material of deceased persons for medical purposes. The paper then gradually reflects on the way the three jurisdictions combine attempts at legal certainty and pragmatism to deal with these shortcomings.

Journal

European Journal of Comparative Law and GovernanceBrill

Published: May 12, 2014

Keywords: deceased persons; medical research; medical confidentiality; data protection

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