© 2002 by Oxford University Press
Journal of the National Cancer Institute, Vol. 94, No. 19, 1429-1430,
October 2, 2002
© 2002 Oxford University Press
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Consent, Privacy Concerns Cloud Future of Biologic Sampling
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A central tenet of American law is that what is one persons property cannot lawfully be possessed by another unless agreement is mutual, through gifting, barter, or sale. So how should the disposition of samples of blood, bone, tissue, hair or microscopic cells be handled? Do they remain the rightful property of the original donor? Who can, and should, profit from any use of the encoded genetic and proteomic information? If biologic samples are gifts given freely, do they remain so in perpetuity, or is there an effective expiration date? And who ultimately decides their fate?
Such questions are assuming greater urgency as researchers cull more biologic samples and the technologies that analyze them become faster and more capable. Institutions