| Abstract [eng] |
This article aims to assess the problematic of the applicablity of the informed consent, which was developed in the clinical practice, for the practice of the research biobanks, that is, taking, managing and conducting research with human biological material (organs or its parts, tissues, cells or their components), linked medical data or other informacion, which identifies the person. This article examines whether the lack of knowledge about the research objectives, duration of the research projects and possible consequences, as well as possible other, than expressed by the consent, purpose of use of such material, allows us to deem that the person has duly agreed to participate in biobank research. This question is specifically problematical, when analyzing the actine side of the rigzt to know about self health, i.e., when the person chooses the active interest in his health, wants to get the information. It is also being analyzed whether the person has the right to autonomously take the risk of receiving limited information from biobanks, and, if so, what legal safeguards would allow to avoid these legal risks or reduce them. |
