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United Kingdom: transfers of genomic data to third countries

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journal contribution
posted on 11.07.2019, 11:30 by M. J. Taylor, S. E. Wallace, M. Prictor
In the United Kingdom (UK), transfer of genomic data to third countries is regulated by data protection legislation. This is a composite of domestic and European Union (EU) law, with EU law to be adopted as domestic law when Brexit takes place. In this paper we consider the content of data protection legislation and the likely impact of Brexit on transfers of genomic data from the UK to other countries. We examine the advice by regulators not to rely upon consent as a lawful basis for processing under data protection law, at least not when personal data are used for research purposes, and consider some of the other ways in which the research context can qualify an individual’s ability to exercise control over processing operations. We explain how the process of pseudonymization is to be understood in the context of transfer of genomic data to third parties, as well as how adequacy of data protection in a third country is to be determined in general terms. We conclude with reflections on the future direction of UK data protection law post Brexit with the reclassification of the UK itself as a third country.

Funding

Dr. Megan Prictor’s salary is supported by University of Melbourne STEM funding.

History

Citation

Human Genetics, 2018, 137 (8), pp. 637-645

Author affiliation

/Organisation/COLLEGE OF LIFE SCIENCES/School of Medicine/Department of Health Sciences

Version

VoR (Version of Record)

Published in

Human Genetics

Publisher

Springer (part of Springer Nature)

issn

0340-6717

eissn

1432-1203

Acceptance date

28/07/2018

Copyright date

2018

Available date

11/07/2019

Publisher version

https://link.springer.com/article/10.1007/s00439-018-1921-0

Language

en

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