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Ferretti A, Ienca M, Sheehan M, Blasimme A, Dove ES, Farsides B, Friesen P, Kahn J, Karlen W, Kleist P, Liao SM, Nebeker C, Samuel G, Shabani M, Rivas Velarde M, Vayena E. Ethics review of big data research: What should stay and what should be reformed? BMC Med Ethics 2021; 22:51. [PMID: 33931049 PMCID: PMC8085804 DOI: 10.1186/s12910-021-00616-4] [Citation(s) in RCA: 27] [Impact Index Per Article: 6.8] [Reference Citation Analysis] [Abstract] [Key Words] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 11/23/2020] [Accepted: 04/15/2021] [Indexed: 01/23/2023] Open
Abstract
BACKGROUND Ethics review is the process of assessing the ethics of research involving humans. The Ethics Review Committee (ERC) is the key oversight mechanism designated to ensure ethics review. Whether or not this governance mechanism is still fit for purpose in the data-driven research context remains a debated issue among research ethics experts. MAIN TEXT In this article, we seek to address this issue in a twofold manner. First, we review the strengths and weaknesses of ERCs in ensuring ethical oversight. Second, we map these strengths and weaknesses onto specific challenges raised by big data research. We distinguish two categories of potential weakness. The first category concerns persistent weaknesses, i.e., those which are not specific to big data research, but may be exacerbated by it. The second category concerns novel weaknesses, i.e., those which are created by and inherent to big data projects. Within this second category, we further distinguish between purview weaknesses related to the ERC's scope (e.g., how big data projects may evade ERC review) and functional weaknesses, related to the ERC's way of operating. Based on this analysis, we propose reforms aimed at improving the oversight capacity of ERCs in the era of big data science. CONCLUSIONS We believe the oversight mechanism could benefit from these reforms because they will help to overcome data-intensive research challenges and consequently benefit research at large.
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Affiliation(s)
- Agata Ferretti
- Health Ethics and Policy Lab, Department of Health Sciences and Technology, ETH Zürich, Hottingerstrasse 10 (HOA), 8092, Zürich, Switzerland.
| | - Marcello Ienca
- Health Ethics and Policy Lab, Department of Health Sciences and Technology, ETH Zürich, Hottingerstrasse 10 (HOA), 8092, Zürich, Switzerland
| | - Mark Sheehan
- The Ethox Centre, Department of Population Health, University of Oxford, Oxford, UK
| | - Alessandro Blasimme
- Health Ethics and Policy Lab, Department of Health Sciences and Technology, ETH Zürich, Hottingerstrasse 10 (HOA), 8092, Zürich, Switzerland
| | - Edward S Dove
- School of Law, University of Edinburgh, Edinburgh, UK
| | | | - Phoebe Friesen
- Biomedical Ethics Unit, Department of Social Studies of Medicine, McGill University, Montreal, Canada
| | - Jeff Kahn
- Johns Hopkins Berman Institute of Bioethics, Baltimore, USA
| | - Walter Karlen
- Mobile Health Systems Lab, Department of Health Sciences and Technology, ETH Zürich, Zürich, Switzerland
| | - Peter Kleist
- Cantonal Ethics Committee Zürich, Zürich, Switzerland
| | - S Matthew Liao
- Center for Bioethics, Department of Philosophy, New York University, New York, USA
| | - Camille Nebeker
- Research Center for Optimal Digital Ethics in Health (ReCODE Health), Herbert Wertheim School of Public Health and Longevity Science, University of California, San Diego, USA
| | - Gabrielle Samuel
- Department of Global Health and Social Medicine, King's College London, London, UK
| | - Mahsa Shabani
- Faculty of Law and Criminology, Ghent University, Ghent, Belgium
| | - Minerva Rivas Velarde
- Department of Radiology and Medical Informatics, Faculty of Medicine, University of Geneva, Geneva, Switzerland
| | - Effy Vayena
- Health Ethics and Policy Lab, Department of Health Sciences and Technology, ETH Zürich, Hottingerstrasse 10 (HOA), 8092, Zürich, Switzerland
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Rothstein MA, Wilbanks JT, Beskow LM, Brelsford KM, Brothers KB, Doerr M, Evans BJ, Hammack-Aviran CM, McGowan ML, Tovino SA. Unregulated Health Research Using Mobile Devices: Ethical Considerations and Policy Recommendations. THE JOURNAL OF LAW, MEDICINE & ETHICS : A JOURNAL OF THE AMERICAN SOCIETY OF LAW, MEDICINE & ETHICS 2020; 48:196-226. [PMID: 32342752 DOI: 10.1177/1073110520917047] [Citation(s) in RCA: 22] [Impact Index Per Article: 4.4] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/11/2023]
Abstract
Mobile devices with health apps, direct-to-consumer genetic testing, crowd-sourced information, and other data sources have enabled research by new classes of researchers. Independent researchers, citizen scientists, patient-directed researchers, self-experimenters, and others are not covered by federal research regulations because they are not recipients of federal financial assistance or conducting research in anticipation of a submission to the FDA for approval of a new drug or medical device. This article addresses the difficult policy challenge of promoting the welfare and interests of research participants, as well as the public, in the absence of regulatory requirements and without discouraging independent, innovative scientific inquiry. The article recommends a series of measures, including education, consultation, transparency, self-governance, and regulation to strike the appropriate balance.
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Affiliation(s)
- Mark A Rothstein
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - John T Wilbanks
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Laura M Beskow
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Kathleen M Brelsford
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Kyle B Brothers
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Megan Doerr
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Barbara J Evans
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Catherine M Hammack-Aviran
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Michelle L McGowan
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
| | - Stacey A Tovino
- Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director of the Institute for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. John T. Wilbanks is Chief Commons Officer of Sage Bionetworks. Laura M. Beskow, M.P.H., Ph.D., is Professor and Ann Geddes Stahlman Chair in Medical Ethics at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center Kathleen M. Brelsford, Ph.D., M.P.H., is Research Assistant Professor at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Kyle B. Brothers, M.D., Ph.D., is Endowed Chair of Pediatric Clinical and Translational Research, University of Louisville School of Medicine. Megan Doerr, M.S., L.G.C., is Principal Scientist, Governance at Sage Bionetworks. Barbara J. Evans, J.D., Ph.D., is Mary Ann and Lawrence E. Faust Professor of Law, Professor of Electrical and Computer Engineering, and Director of the Center for Biotechnology and Law, University of Houston. Catherine M. Hammack-Aviran, M.A., J.D., is Associate in Health Policy at the Center for Biomedical Ethics and Society, Vanderbilt University Medical Center. Michelle L. McGowan, Ph.D., is Associate Professor, Department of Pediatrics and Department of Women's, Gender, and Sexuality Studies, Cincinnati Children's Hospital Medical Center. Stacey A. Tovino, J.D., Ph.D., is Judge Jack and Lulu Lehman Professor of Law at the William S. Boyd School of Law, University of Nevada-Las Vegas
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