Survey of NCHDs in Ireland to assess their views and opinions in relation to participation in health research and the impact of new Irish data protection regulations

General data protection regulations (2018) and clinical research: perspectives of patients and doctors in an Irish university teaching hospital

Background

Europe’s General Data Protection Regulation, or GDPR, is a set of data protection rules on the acquisition, storage, use, and access of personal data. GDPR came into effect in May 2018 when it was introduced across all 27 European Union (EU) member states and the European Economic Area (EEA). Maintaining compliance with this legislation has presented significant new challenges for ongoing clinical research.

Aims

To evaluate the knowledge and expectations of patients and doctors regarding GDPR and implications for future clinical research.

Methods

An anonymous 12-item questionnaire was circulated to patients and doctors at a University Teaching Hospital. Data analysis included descriptive statistics.

Results

Five hundred nine participants were included: 261 females (51.3%) and 248 males (48.7%). Three hundred fifty were patients (68.8%) and 159 were doctors (31.2%). Three hundred thirty-four participants were aware of GDPR (65.7%): 116 doctors (73.0%) and 218 patients (62.3%, P = 0.018). 71.1% of doctors were willing to allow their personal data to be processed anonymously as part of a clinical research project compared to 43.4% of patients (P < 0.001). 80.2% of patients believed explicit consent is needed before using personal data in clinical research in comparison to 60.4% of doctors (P < 0.001). Level of education impacted awareness of GDPR (P < 0.001); a higher level of education among patients increased GDPR familiarity (P < 0.001), however failed to impact doctor familiarity (P = 0.117).

Conclusion

GDPR has introduced complexity to the processing and sharing of personal data among researchers. This study has identified differences in the perception of GDPR and willingness to consent to data being used in clinical research between doctors and patients. Measures to adequately inform prospective research participants on data processing and the evolving landscape of data protection regulation should be prioritised.

What GDPR and the Health Research Regulations (HRRs) mean for Ireland: "explicit consent"-a legal analysis

Background

Irish Health Research Regulations (HRRs) were introduced following the commencement of the General Data Protection Regulation (GDPR) in 2018. The HRRs set out supplementary regulatory requirements for research. A legal analysis presented under the auspices of the Irish Academy of Medical Sciences (IAMS) on April 8 and November 25, 2019 at the Royal College of Surgeons in Ireland welcomed the introduction of GDPR and the HRRs. The analysis found the GDPR “explicit consent” introduced by the HRRs is problematic. A call was made to regulate informed consent in line with the common law as an achievable alternative safeguard, bringing Ireland in line with other EU Member States.

Aims

This article aims to review academic papers, legal opinion, EU opinion and advice and data protection law in relation to research and explicit consent, in order to examine the legal burden of GDPR and the HRRs on health research in Ireland and to determine whether the analysis presented at the IAMS meetings is reflected more widely in legal text.

Methods

Legal literature review of academic papers, legal opinion, EU opinion and advice and data protection legislation.

Results

The legal literature review overwhelmingly supports the concerns raised.

Conclusions

Our results confirm the GDPR explicit consent requirement of the HRRs is having had a significantly negative and far-reaching impact on the conduct of health research in Ireland. Urgent review of the HRRs and meaningful engagement between the health research community and legislators in healthcare is required.

What GDPR and the Health Research Regulations (HRRs) mean for Ireland: a research perspective

Background

Irish Health Research Regulations (HRRs) were introduced following the European Union (EU) General Data Protection Regulation (GDPR) in 2018. The HRRs described specific supplementary regulatory requirements for research regarding governance, processes and procedure that impact on several facets of research. The numerous problems that the HRRs and particularly “explicit consent” inadvertently created were presented under the auspices of the Irish Academy of Medical Sciences (IAMS) on November 25, 2019, at the Royal College of Surgeons in Ireland.

Aims

The objective of this review was to obtain feedback and to examine the impact of GDPR and the HRRs on health research in Ireland in order to determine whether the preliminary feedback, presented at the IAMS meetings, was reflected at a national level.

Methods

Individuals from the research community were invited to provide feedback on the impact, if any, of the HRRs on health research. Retrospective patient recruitment and consent outside a hospital setting for a multi-institutional Breast Predict study (funded by the Irish Cancer Society) were also analysed.

Results

Feedback replicated the issues presented at the IAMS with additional concerns identified. Only 20% of the original target population (n = 1987) could be included in the Breast Predict study.

Conclusions

Our results confirm that the HRRs have had a significantly negative impact on health research in Ireland. Urgent meaningful engagement between patient advocate groups, the research community and legislators would help ameliorate these impacts.