Basic↦Biobanking↦The Swiss Law↦ Further Use and Informed Consent
What is it? Why is it important?
Chapter 3 of the HRO regulates research related to the further use of already collected:
- Biological Material (BM)
- Health-related Personal Data (HrPD)
According to the law, Informed Consent (IC) IC-procedures must be adapted based on whether project data:
- Contains genetic information from participants
- Is un-coded: participant identifiers (e.g. name, address, DOB) are documented together with project HrPD data
- Is coded: participants are allotted individualised project IDs. IDs together with participant identifiers are kept separate from project HrPD data (e.g. participant identification-log)
- Is anonymised: means required for donor identification has been deleted (e.g. participant identifiers, project ID, identification-log)
What do I need to do?
Based on collected data (genetic / non-genetic) and handling of participant identifiers (coded, un-coded, anonymised) adapt IC-procedures accordingly.
Adaptations include how:
- Participants are informed about the project, which is either:
- In writing and orally
- In writing or orally
- IC is collected, which is either:
- In writing
- Or the participant does not dissent to its BM/HrPD data being used for research (e.g. in the IC the participant must be informed about his/her requirement to actively dissent to the BM/HrPD being used for research)
In the event IC is missing from already collected BM/HrPD, an application is submitted to the EC and approval must be received prior using the data for the project.
More
For BM and genetic HrPD the following regulations apply:
- Un-coded data: Information must be provided in writing and orally and consent is given in writing
- Coded data: Information must be provided in writing or orally and consent is given in writing
- Anonymised: Information must be provided in writing or orally and participant gives no dissent
For non-genetic HrPD the following regulations apply:
- Un-coded data: Information must be given in writing or orally and consent is given in writing
- Coded data: Information must be given in writing or orally and participant gives no dissent
Where can I get help?
Your local CTU↧ can support you with experienced staff regarding this topic
Basel, Departement Klinische Forschung, CTU, dkf.unibas.ch
Lugano, Clinical Trials Unit, CTU-EOC, www.ctueoc.ch
Bern, Clinical Trials Unit, CTU, www.ctu.unibe.ch
Geneva, Clinical Research Center, CRC, crc.hug.ch
Lausanne, Clinical Research Center, CRC, www.chuv.ch
St. Gallen, Clinical Trials Unit, CTU, www.kssg.ch
Zürich, Clinical Trials Center, CTC, www.usz.ch
The Swiss Biobanking Platform (SBP) can provide you with support on this topic.
SBP Documents
General
- Biobank Regulation
Ethical / Legal
- Ethical, legal and professional compliance list for human research biobanks applicable in Switzerland
Swiss Law
HRO – see in particular chapter, articles and sections
- Chapter 3 Further Use of Biological Material and Health-related Personal Data for Research
- Art. 28 IC for genetic data in un-coded form
- Art. 29 IC for genetic data in coded form
- Art. 30 Participant information and anonymisation
- Art. 31 IC for non-genetic data in un-coded form
- Art. 32 IC for non-genetic data in coded form
- Section 3 Authorisation and notification requirements
- Section 4 Authorisation and notification requirements in the absence of IC