Informed consent in biobank research: A deliberative approach to the debate☆
Introduction
In recent decades, there has been a growth of scrutiny and bureaucracy intended to protect human subjects in research from harm and exploitation that has focused largely on the concept of informed consent as the key mechanism (McDonald, 2001). The underlying purpose of informed consent is to provide potential subjects with the opportunity to make free and informed choices about whether or not to participate (or to continue to participate) in a specified research study. There is a strong literature detailing the significant limitations of informed consent to promote voluntary participation in research and its inadequacy (Boulton and Parker, 2007, Burgess, 2007, Corrigan, 2003, Kent, 1996, McDonald, 2001, Miller and Boulton, 2007). While these arguments exceed the scope of this paper, they highlight that far from being an ethical panacea, the role of informed consent in the protection of human subjects is hotly debated and unclear.
Ethical claims over the role of informed consent have come to the fore in discussions around biobanking (Barr, 2006, Brekke and Sirnes, 2006, Cambon-Thomsen et al., 2007, Knoppers, 2005). Large population-based biobanks, which are repositories of blood and tissue samples that are often combined with medical and other personal information, are being developed and used for research in numerous countries such as Canada (www.cartagene.qc.ca), Iceland (www.decode.com) and Britain (www.ukbiobank.ac.uk). These biobanks are seen as a promising way to untangle the links between genetics and environmental factors and begin to understand the causes of common diseases, all with the hope of developing new treatments and preventions (Khoury, Millikan, Little, & Gwinn, 2004). The considerable hope for societal benefit from biobanks and the research they support brings into focus the tension between individual and societal interests, which while common to the research endeavour, gains new intensity in this context. Caulfield, Upshur, and Daar (2003) have observed that,
if we are to allow population genetic research to move forward, we need to recognize that adherence to this traditional model of informed consent is problematic. As the UK Human Genetics Commission recently concluded: “the difficulties involved in tracing and securing re-consent for different forms of medical research may make obtaining fresh consent impractical and would seriously limit the usefulness of large-scale population databases.”
This suggests that a loosening of current consent requirements is required before the potential benefits to human health promised by biobanks may be realized. However, there are also strong arguments for more stringent protection of subjects' and donors' interests, because of a concern (for example) that biobanks could support research that may erode privacy and confidentiality interests, be offensive to groups such as First Nations peoples, and enable discrimination (Arbour and Cook, 2006, Corrigan, 2006, Eriksson and Helgesson, 2005, Lee et al., 2001). Such arguments highlight the serious tension between individual interests and broader societal impacts, begging the question of how a balance might best be struck and whether and to what extent informed consent ought to play a role.
In this paper, we explore these questions through the deliberations of 21 British Columbians. After a brief review of consent in biobanking, we discuss our research team's recent public engagement event that sought deliberation on what values and interests ought to be considered in the regulation and use of biobanks for health research (Burgess, O'Doherty, & Secko, 2008). We discuss findings that draw on data collected through novel survey techniques and small and large group discussions. The resulting data is used to track changes in opinion over the course of the event and to illuminate the manner in which participants balanced the tension between the individual subject's interest and broader societal interests. We conclude by relating participant deliberations to ongoing debate over the place of informed consent in biobanking.
Section snippets
Biobanking and consent
The requirement to obtain free and informed consent from potential research participants before (and during) their involvement in research is well established. This right of control has been extended beyond one's physical body to include one's health information (Caulfield & Ries, 2004). However, informed consent requirements are not absolute; for example, legislation enacted in some jurisdictions (e.g. Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), or in
Biobanking in British Columbia – a deliberative engagement event
Based on the potential societal impact of biobanking, we argue that any resolution of the uncertainty around consent must consider the informed, deliberative input of a range of perspectives within the citizenry (Burgess and Tansey, 2008). Some emerging biobanks have sought such input (e.g. Ross Dawson, 2000, Science & Policy Ltd., 2002).
In April and May of 2007, we participated in running a deliberative public engagement event that sought to enhance representation in biobanking policy in ways
Discussion
In this paper, we have described the deliberations of 21 British Columbians related to informed consent in biobanking. These deliberations were part of a larger event designed by drawing on the theory of deliberative democracy (Burgess et al., 2008). Deliberative methods are increasingly being viewed as an approach to address weaknesses in informed public representation and thereby stimulate citizenship (Burgess et al., 2008, Chambers, 2003, Niemeyer, 2004). As an approach to ethical inquiry
Conclusions
Drawing on a stratified sample of 21 BC residents and informed by deliberative democracy, this “mini-public” incorporated several forms of information and perspectives in their deliberations, demonstrating the feasibility of informed deliberative engagement on biobanks. The conclusions and analysis of the deliberations suggest that deliberative engagement can produce policy relevant input and may contribute to trustworthy governance in evolving areas. If informed consent is to be reconsidered
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The deliberative democracy on biobanks research team is part of the Genome Canada and Genome BC funded project Building a GE3LS Architecture (PIs M. Burgess and P. Danielson). Research team members providing essential theoretical and logistical support for the event: Mike Burgess, Dan Badulescu, Helen Davidson, David Hartell, Daisy Laforce, Holly Longstaff, Samantha MacLean, Kieran O'Doherty, Nina Preto, David Secko, Kim Taylor, Heather Walmsley and Elizabeth Wilcox. Additional valuable input on the project was received from collaborators, Barbara Koenig, Simon Niemeyer and Mark Warren and consultants Peter Abrams, Susan Dodds, Brian Evoy, Archon Fung, John Gastil, Janet Joy and Peter Watson. The deliberative engagement was funded by Genome Canada, Genome BC, BC BioLibrary: Banking for Health (a MSFHR Technology/Methodology Platform), BC Cancer Agency Tumor Tissue Repository, Better Biomarkers of Acute and Chronic Allograft Rejection (Genome Canada), the James Hogg iCAPTURE Centre, St. Paul's Hospital, Canadian Biotechnology Secretariat, Canadian Tumor Repository Network (CTRNet), CIHR Ethics Office (workshop grant) and Institute for Genetics.