Biobank as a legal category

Abstract

The development of medical technologies increases the need for legal regulation of relations on the formation of biobanks. The comparative legal method and the formal legal method were used. Currently, the term biobank is used to denote both the totality of objects of rights and to denote the entity carrying out the storage. The conclusion is made about the need for additional regulation of the concept of biobank. To protect the rights and legitimate interests of the patient, it is necessary to take into account his consent or lack of consent both for the removal of cells and other biological materials, and for their storage, transportation, cryopreservation. The conditions of consent may provide for the destruction of biological material upon the occurrence of certain conditions, for example, in the event of the death of a patient. Consent to the processing of personal data should be obtained separately. For more complete regulation, it is necessary to determine the features of the legal personality of organizations engaged in professional activities for the storage of biological samples and related data. It should be recognized that it is expedient to preserve the rules on licensing the activities of such organizations.