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Records & research · NPC advisory opinion

Genetic samples and research safeguards

Reference
Advisory Opinion 2021-023
Date
5 July 2021

Overview

Asked about alleged collection and transfer of genetic material from indigenous participants, the NPC explained that a research purpose does not dispense with applicable ethics, consent, and legal safeguards. Its discussion addressed a reported scenario; it was not a finding that the alleged misconduct occurred.

Practice implications

Parao Law practice guidance

For physicians

Before collecting specimens or using identifiable genetic or health data, confirm ethics approval, participant information and consent, and the approved plan for storage, secondary use, and transfer. Do not treat research status as permission to bypass those steps.

For lawyers

Check the research protocol, ethics review, applicable indigenous-peoples requirements, material-transfer terms, and data-protection basis before collection or export. Keep the opinion’s fact-specific allegations separate from proven findings.