United Kingdom: Transfers of Genomic Data to Third Countries

Human Genetics, Volume 137 (2018) 637-645

U of Melbourne Legal Studies Research Paper No. 794

Posted: 30 Aug 2018 Last revised: 25 Oct 2018

See all articles by Mark J. Taylor

Mark J. Taylor

Melbourne Law School

Susan Wallace

University of Leicester - Department of Health Sciences

Megan Prictor

Melbourne Law School; Centre for Digital Transformation of Health

Date Written: August 30, 2018

Abstract

In the United Kingdom (UK), transfer of genomic data to third countries is regulated by data protection legislation. This is a composite of domestic and European Union (EU) law, with EU law to be adopted as domestic law when Brexit takes place. In this paper we consider the content of data protection legislation and the likely impact of Brexit on transfers of genomic data from the UK to other countries. We examine the advice by regulators not to rely upon consent as a lawful basis for processing under data protection law, at least not when personal data are used for research purposes, and consider some of the other ways in which the research context can qualify an individual’s ability to exercise control over processing operations. We explain how the process of pseudonymization is to be understood in the context of transfer of genomic data to third parties, as well as how adequacy of data protection in a third country is to be determined in general terms. We conclude with reflections on the future direction of UK data protection law post Brexit with the reclassification of the UK itself as a third country.

Keywords: data protection, EU law, Brexit

JEL Classification: K00, K33, K39

Suggested Citation

Taylor, Mark J. and Wallace, Susan and Prictor, Megan, United Kingdom: Transfers of Genomic Data to Third Countries (August 30, 2018). Human Genetics, Volume 137 (2018) 637-645, U of Melbourne Legal Studies Research Paper No. 794, Available at SSRN: https://ssrn.com/abstract=3241069

Mark J. Taylor (Contact Author)

Melbourne Law School ( email )

185 Pelham Street
Melbourne, Victoria 3010
Australia

HOME PAGE: http://https://law.unimelb.edu.au/about/staff/mark-taylor

Susan Wallace

University of Leicester - Department of Health Sciences ( email )

Adrian Building
Leicester, LE1 7RH
United Kingdom

Megan Prictor

Melbourne Law School ( email )

University Square
185 Pelham Street
Carlton, Victoria 3010
Australia

Centre for Digital Transformation of Health

Parkville, 3010
Australia

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