Advertisement第120回日本精神神経学会学術総会

Abstract

第123巻第6号

※会員以外の方で全文の閲覧をご希望される場合は、「電子書籍」にてご購入いただけます。
Difficulty in Obtaining Consent in a Case Report or Research: Lawyer's Viewpoint
Naoki KINOMOTO
Lawyer, Daiichi Tokyo Bar Association
Psychiatria et Neurologia Japonica 123: 349-353, 2021

 To examine a specific disease in a case report or study for publication in an academic conference or specialized journal, sincere consent, as a rule, should be received from subjects. According to the revised Personal Information Protection Law, medical information should be specially protected as sensitive personal information. However, in reality there exist cases where consent cannot be easily obtained, from those with mental illness for instance. In the past, presumed, fictitious, or proxy consent was obtained to circumvent the consent principle. However, these methods are only for the sake of legal technicality, leading to speculation of the patient's intention. Therefore, I propose that we need to develop a model that circumvents the consent principle from different viewpoints in order to appropriately pave the way for necessary and meaningful academic research, while respecting the human rights of patients. In this paper, I would like to present a draft proposal.
 Author's abstract

Keywords:Personal Information Protection Law, special care-required personal information, consent principle, de-identification, biomedical ethics>
Advertisement

ページの先頭へ

Copyright © The Japanese Society of Psychiatry and Neurology