Ploug-WMA—The-Danish-Debate-on-Health-Data—2015

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Thomas Ploug

5 oktober 2015

The Danish Debate on Research using Health
Data and Biological Material

Key values, challenges and ways forward as seen by the
Danish Council of Ethics

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Thomas Ploug

5 oktober 2015

Danish Research Infrastructure

Databases:

•  Medical records

•  The National Health Databases

•  Research databases

•  Secondary data from previous and ongoing studies

•  Databases with data from clinical trials

Biobanks:

•  PKU Biobank

•  The Patobank (pathology data bank)

•  Capital Region Biobank

•  SSI’s diagnostic samples

•  Danish Cancer Biobank

Note:

•  All Danes have a SSN allowing for linkage across databases and biobanks

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Thomas Ploug

5 oktober 2015

Legal regulation

Legal definitions and requirements:

•  Anonymous data, i.e. a person cannot be identified, is not protected by law.

•  Non-sensitive personal information such as name, age, gender, SSN etc. can be used for
scientific research if necessary and if the use is in the interest of society.

•  Sensitive personal information such as health information can be used for scientific
research if consent is provided or if the data is necessary and of significant value to society.

•  A biobank is considered a manual database with personal and sensitive information.

Protective ‘bodies’:

•  Handling of personal and sensitive information in relation to research – public or private –
must be approved by the Danish Data Protection Agency.

•  Acces to medical records must be approved the National Board of Health (Ministry).

•  Research on biological material must be approved by a Research Ethics Committee.

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Thomas Ploug

5 oktober 2015

Utility and Solidarity

Protects/speaks for:

•  Extensive collection of data with the purpose of improving therapy.

•  Citizens making their health data available for research purposes.

Challenges:

•  In general there are limits to the violations of principles of privacy and autonomy we will
accept in order to postpone death and generate better health/quality of life.

•  Individual or organizational failure to embody solidarity in the exchange of health data.

•  Commercialization of data generated in a public (private?) health care system.

Recommendations:

•  Promoting a research culture with deeply rooted respect for privacy and autonomy.

•  Require open sharing of data and results of research on data between citizens,
researchers, institutions and companies.

•  Avoid commercialization of data (not commercial exploitation of data).

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Thomas Ploug

5 oktober 2015

Privacy and Confidentiality

Protects:

•  Against negative emotional reactions (fear), stigmatization and discrimination.

•  Against social pressure from groups/State to conform to others’ norms of healthy living.

•  Confidentiality promotes trust in health care professionals.

Challenges:

•  More data is collected, stored and exchanged between systems. Very little is destroyed.

•  More health professionals get access to data, and the data is used for more purposes.

•  Anonymisation is increasingly difficult and IT-security turns out to be flawed.

Recommendations:

•  Right to correct/withdraw data. Anonymisation > Pseudonomisation. Encryption of data.

•  Restricting number of people with access. Data only used for purpose. Proportionality.

•  Continous monitoring of data protection by authorities. Harder sanctions?

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Thomas Ploug

5 oktober 2015

Trust

Protects:

•  Trust is a quality of human relations that we value in itself.

•  Trust is a precondition of sharing information, and therefore in turn for adequate therapy.

Challenges:

•  Disappointment of expectations concerning quality of therapy and patient protection:

-  Scandals of all sorts in the health care system, and in particular scandals involving loss or illegal
collection of sensitive health data.

•  Lack of transparency concerning use of personal and sensitive health information.

Recommendations:

•  Transparency concerning …:

-  Who has access to data (which groups of health care professionals?)

-  For what purposes (therapy, research, quality-assurance?)

-  Under what conditions (anonymised, time-span, level of security?)

-  Unauthorised access, loss or misuse of data (who, for what, when?)

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Thomas Ploug

5 oktober 2015

Autonomy and Informed Consent

Protects:

•  An individual against suffering physical harm.

•  An individual’s ability to form and pursue his or her own goals and plans.

•  An individual’s ability to define a sphere of privacy.

Challenges:

•  Routinisation of consent.

•  Practical problems associated with obtaining informed consent.

•  Consent bias.

Recommendations:

•  Development and use of IT-platforms for obtaining consent.

•  New models of consent: Specific, broad, open, presumed and meta consent.

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Thomas Ploug

5 oktober 2015

Thank you!

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Thomas Ploug

5 oktober 2015
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Meta consent