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Ethical Standards II01:23

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Working with Human Tissues for Translational Cancer Research
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Published on: November 26, 2015

The property/privacy conundrum over human tissue.

Patricia Roche1

  • 1Boston University School of Public Health, 715 Albany Street, Talbot Building, Boston, MA 02118, USA. pwroche@bu.edu

HEC Forum : an Interdisciplinary Journal on Hospitals' Ethical and Legal Issues
|August 26, 2010
PubMed
Summary
This summary is machine-generated.

This study examines legal precedents regarding ownership of biological samples, arguing for DNA property rights alongside privacy. It suggests legal reforms to clarify these rights for individuals.

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Area of Science:

  • Bioethics
  • Legal Studies
  • Genetics

Background:

  • Disputes over ownership of human biological samples, particularly DNA, are complex.
  • Existing legal frameworks struggle to balance individual privacy with property rights concerning genetic material.

Purpose of the Study:

  • To analyze court rulings concerning tissue and DNA samples as property.
  • To critique objections to recognizing DNA samples as personal property.
  • To propose legal reforms for DNA rights.

Main Methods:

  • Case law analysis of key legal precedents: Moore v. Regents of the University of California (1988, 1990), Greenberg v. Miami Children's Research Institute (2003), and Washington University v. Catalona (2007).
  • Legal critique of arguments against DNA property rights.
  • Examination of the intersection of privacy and property law in the context of genetic material.

Main Results:

  • Court rulings reveal evolving legal perspectives on biological samples as property.
  • Objections to DNA property rights often stem from concerns about privacy and commodification.
  • A legal pathway exists to recognize both individual privacy and property rights in DNA.

Conclusions:

  • It is legally feasible to establish individual property rights in DNA while upholding privacy.
  • Unresolved questions persist regarding the practical exercise of these DNA rights.
  • Legislative changes are recommended to clarify and strengthen individual rights over genetic material.