TRUSTED CONSENT AND RESEARCH BIOBANKS: TOWARDS A ‘NEW
ALLIANCE’ BETWEEN RESEARCHERS AND DONORS
GIOVANNI BONIOLO, PIER PAOLO DI FIORE AND SALVATORE PECE
Keywords
biobank,
consent,
trust,
new alliance
ABSTRACT
We argue that, in the case of research biobanks, there is a need to replace
the currently used informed consent with trusted consent. Accordingly, we
introduce a proposal for the structure of the latter. Further, we discuss some
of the issues that can be addressed effectively through our proposal. In
particular, we illustrate: i) which research should be authorized by donors;
ii) how to regulate access to information; iii) the fundamental role played by
a Third Party Authority in assuring compliance with the reciprocal expec-
tations and obligations of donors and scientists. Finally, we briefly analyse
two issues that might represent important elements of a ‘new alliance’
between researchers and donors to which the trusted consent could pave
the way: i) the correlations between needs and rights of the two parties, and
ii) possible economic transactions.
INTRODUCTION
The increasing number of publications reporting
advances in post-genomics and biobanking has been par-
alleled, over the past few years, by an increasing number
of studies dealing with the numerous related ethical
aspects.
1
The ensuing debate has highlighted several of
the problems to be faced, and has addressed topics (such
as consent, withdrawal and privacy) common to the dif-
ferent types of biorepositories for human samples. There
are, however, specificities that apply to different types of
biobanks and in this paper we will explore the issue of
consent in a specific setting, i.e. that of a research
biobank. We intend, by this term, a repository of human
biospecimens collected for basic science and clinical
research, rather than for the purpose of transplant or for
use as medical material.
2
We believe that this particular
type of biorepository is associated with specificities that
justify a dedicated analysis of the problem of consent.
There is a point that deserves a short remark. Scientific
progress is regarded as inevitable; however, less consid-
eration is given to the idea of parallel progress in the
ethical analysis of scientific progress. Others have already
discussed this point,
3
but its importance is such that we
feel it necessary to re-emphasize it. New frontiers in the
field of post-genomic biomedicine require a specific
ethical analysis and present a unique opportunity to
rethink ethical categories and approaches. It is with this
idea in mind that we propose a new view of consent. We
will argue that, at least for research biobanks, traditional
informed consent is unsuitable and we should adopt what
we have named trusted consent, which implies a higher
order of ethical mediation among: 1) the autonomy of
donors; 2) the competence, expertise and moral integrity
of scientists; and 3) the biobank governance. We will
discuss the structure of trusted consent and examine how
it forces us to rethink: i) what should be authorized; ii)
how to deal with access to present and future informa-
tion; iii) the fundamental role played by a Third Party
Authority in assuring that donors and scientists comply
with their reciprocal expectations and obligations.
1
A. Cambon-Thomsen. The Social and Ethical Issues of Post-Genomic
Human Biobanks. Nat Rev Genet 2004; 5: 866–873; A. Cambon-
Thomsen, E. Rial-Sebbag & B.M. Knoppers. Trends in Ethical and
Legal Framework for the Use of Human Biobanks. Eur Respir J 2007;
3: 373–382; E. Salvaterra, L. Lecchi, S. Giovanelli et al. Banking
Together. A Unified Model of Informed Consent for Biobanking.
EMBO Rep 2008; 9: 307–313.
2
The definition that we propose is taken, with slight modifications,
from that indicated in www.biobankcentral.org, a portal to connect all
the constituencies in the biobank community.
3
B.M. Knoppers & R.K. Chadwick. Human Genetic Research:
Emerging Trends in Ethics. Nat Rev Genet 2005; 6: 75–79.
Address for correspondence: Prof. Giovanni Boniolo, IFOM, Via Adamello, 16 Milano 20139, Italy. Email: giovanni.boniolo@ifom-ieo-campus.it
Bioethics ISSN 0269-9702 (print); 1467-8519 (online) doi:10.1111/j.1467-8519.2010.01823.x
Volume 26 Number 2 2012 pp 93–100
© 2010 Blackwell Publishing Ltd., 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.