Protection of Personal Information Act 2013 and data protection for health research in South Africa-Reference-Cited by-同舟云学术

Protection of Personal Information Act 2013 and data protection for health research in South Africa

Published:2020-01-24 Issue:2 Volume:10 Page:160-179
ISSN:2044-3994
Container-title:International Data Privacy Law
language:en
Short-container-title:

Author:

Staunton Ciara¹^ORCID,Adams Rachel²,Anderson Dominique³^ORCID,Croxton Talishiea⁴^ORCID,Kamuya Dorcas⁵,Munene Marianne⁵,Swanepoel Carmen⁶

Affiliation:

1. School of Law, Middlesex University, UK; Institute for Biomedicine, Eurac Research, Italy, Email: c.staunton@mdx.ac.uk

2. Human Sciences Research Council, South Africa; Information Law and Policy Centre, Institute of Advanced Legal Studies, University of London, UK

3. South African National Bioinformatics Institute, SA MRC Bioinformatics Unit, University of the Western Cape, South Africa

4. Institute of Human Virology, University of Maryland Baltimore, USA; Institute of Human Virology, Nigeria

5. KEMRI-Wellcome Trust Research Programme, Kenya

6. Department Pathology, National Health Laboratory Services, Tygerberg Hospital; Faculty of Medicine and Health Sciences, Stellenbosch University, South Africa

Abstract

Abstract The Protection of Personal Information Act (POPIA) [No.4 of 2013] is the first comprehensive data protection regulation to be passed in South Africa and it gives effect to the right to informational privacy derived from the constitutional right to privacy It is due to come into force in 2020, and seeks to regulate the processing of personal information in South Africa, regulate the flow of personal information across South Africa’s borders, and ensure that any limitations on the right to privacy are justified and aimed at protecting other important rights and interests. Although it was not drafted with health research in mind, POPIA will have an impact on the sharing of health data for research, in particular biorepositories. It is now timely to consider the impact of POPIA on biorepositories, and the necessary changes to their access and sharing arrangements prior to POPIA coming into force.

Publisher

Oxford University Press (OUP)

Subject

Law

Link

http://academic.oup.com/idpl/article-pdf/10/2/160/33495040/ipz024.pdf

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