Ethical issues and future use of samples

Regulating research

Before biobanking projects can be carried out they must be approved either by a Research Ethics Committee (REC), who also regulate other medical research studies, or by the Human Tissue Authority.

The role of RECs is to safeguard the rights, safety, dignity and wellbeing of people participating in research in the National Health Service. They review applications for research and give an opinion about the proposed participant involvement and whether the research is ethical. (NHS National Research Ethics Service)

The Human Tissue Authority also has a role in licensing and inspecting organisations that remove, store and use human tissue for research. The Human Tissue Authority aims to maintain confidence by ensuring that human tissue is used safely and ethically, and with proper consent.

It is important to Gill that her samples are treated respectfully and securely stored, and that…

Age at interview 55

Gender Female

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Informed consent

Participants must be given information sheets explaining in detail what their involvement entails, what side effects (if any) they may experience and whom they can contact to make a complaint. (See also Information and questions, and What is involved in taking part?). They should also have the opportunity to ask questions if they wish.

Before taking part, participants are required to sign a consent form to indicate their agreement to take part and to confirm they understand what they have agreed to do. This includes knowing how to withdraw from the project if they change their mind.

Sometimes people may have a condition which affects their ability to give informed consent to research. The Mental Capacity Act (2005) states that researchers should assume that a potential participant has the capacity to decide whether to consent or not, unless there is evidence to suggest otherwise. This may mean that researchers sometimes need to ask some extra questions or provide information in a different way to be sure someone is capable of understanding before they go ahead.

Ruth signed a consent form quite a while before she took part in the project. However, she knew…

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There may be different options for withdrawing, for example participants may choose whether to remove their sample, data or both from the biobank, or to allow the biobank to continue to have access to it, but to have no further contact with them. If someone requests that their sample is destroyed this will be done. However, for practical reasons as well as to protect confidentiality and anonymity, samples and/or data already distributed by the biobank to other researchers may be untraceable. The biobank may therefore not be able to guarantee that samples or data will be completely destroyed.

Some people felt that there was too much emphasis placed on giving people a lot of information, particularly if taking part involves very little effort or risk, as is usually the case with biobanking. Vincent, for example, said he took “a leap in the dark” and just wanted to trust the researchers. Karen and Claire admitted they did not read the leaflets, but recognised not everyone would feel the same way.

Claire thought that the important facts people need to know should be summarised on the first…

Age at interview 52

Gender Female

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Karen never reads the information leaflets, and would like more guidance from doctors as to what…

Age at interview 52

Gender Female

Age at diagnosis 40

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However, others thought it was very important to ensure properly informed consent, especially after incidents that received a lot of media attention, such as the discovery that a pathologist at Alder Hey children’s hospital had been retaining organs without consent after post mortems in the 1980s and 1990s. The investigation into this case was one of the factors which led to the setting up of the Human Tissue Authority.

Gill feels informed consent is an essential principle, and is pleased that procedures have…

Age at interview 55

Gender Female

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Future use of samples and confidentiality

The main ethical concern that most people raised was how their sample would be used. Information and samples gathered in biobanks can be shared with researchers in other countries across the world. This may include researchers in universities, government institutes or industry such as pharmaceutical companies researching new drugs, though samples cannot be sold for profit. This means people don’t always know what type of research will be conducted using their sample in future, even in cases where it was originally collected for one particular project.

Karen did not know how her sample was going to be used and, because of previous experience on…

Age at interview 52

Gender Female

Age at diagnosis 40

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It is also possible that samples could be linked to the donor’s medical records, so that their future health could be tracked and that they could be invited to participate in further research in the future. However, it was evident that a few people had not fully understood this, or could not remember what they had agreed to. For example, one woman said her understanding was that she would be asked for permission each time her data was used.

Gills understanding of the UK Biobank is that you give your GPs details so that researchers can…

Age at interview 55

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David cant remember if researchers will track his medical records in future, but thinks it would…

Age at interview 58

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Not knowing how their sample was going to be used worried some people who thought that their privacy could be breached resulting in their data being misused. One man said this was the reason he decided not to take part. (See also Deciding not to take part in biobanking).

Richard did not want to take part in the UK Biobank because it was not clear how the data would…

Age at interview 43

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Others who did take part were also concerned about the implications of their data falling into the wrong hands. For example, a couple of people worried that if insurance companies got hold of it, they could use the data against them.

Tony thinks its sensible to track his future health records against his biobanking data but…

Age at interview 33

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Colin thinks insurance companies would be interested in the data but he is confident biobanks…

Age at interview 49

Gender Male

Age at diagnosis 17

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Secure storage of their data was generally important to people we talked to. However, like Colin, most trusted that biobanking was governed by strict rules regarding data sharing and protection. They had been told it would be made anonymous and their confidentiality would be maintained. Some felt concerns about privacy were a bit exaggerated.

Confidentiality is important to Julie. She would be worried if her data fell into the wrong hands…

Age at interview 45

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Some of the UK Biobank questions were quite personal, but Claire is confident that her privacy…

Age at interview 52

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Data sharing with commercial companies

People had different feelings about their data being shared with commercial companies. Some thought it was a good idea as it might help in the development of new treatments for illnesses. However, they felt it was important that their data remained anonymous, and it would depend how it was going to be used. Others preferred publicly funded research to research conducted by commercial companies.

As long as the data is not abused, Ian is happy for it to be shared with commercial companies…

Age at interview 54

Gender Male

Age at diagnosis 51

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Jean doesnt mind if the researchers collaborate with commercial companies, if it helps in…

Age at interview 56

Gender Female

Age at diagnosis 50

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Ruth would prefer her data to be used for educational and NHS uses rather than by private companies.

Gender Female

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Other responsibilities to participants

There was some discussion about whether researchers had a duty to let people know about the findings of any research conducted using their sample. (See Getting feedback). Whilst this may not always be possible in very long term biobanking projects, some saw it as a way for researchers to show respect for people’s involvement. Others wanted staff to show respect for their involvement by not misusing the data and ensuring the results were accurately represented.

Chris is not sure that spending money on sending results to people is necessary.

Age at interview 57

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Jean thinks researchers are not always good at sending research results to participants. They…

Age at interview 56

Gender Female

Age at diagnosis 50

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For Julie misrepresenting the results of the research would be the biggest abuse of her trust.

Age at interview 45

Gender Female

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