Human Research Act (HRA)

By Steph2
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In The Matter OfHuman Research Act (HRA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 41 Transfer for purposes other than research

Biological material or health-related personal data which has been sampled or collected or of which further use has been made for research purposes may only be passed on for purposes other than research if: a. a legal basis exists for such a transfer; or b. in the particular case, informed consent to the transfer has been given by the person concerned.

Art. 42 Export

1 Biological material or genetic data may be exported for research purposes if informed consent has been given by the person concerned. For consent, Articles 16 and 22–24 and 32 apply mutatis mutandis. 2 Non-genetic health-related personal data may be disclosed abroad for research purposes if the requirements specified in Articles 16 and 17 of the Data Protection Act of 25 September 2020 are met.

Para. 2 — SR 235.1 Para. 2 — Amended by Annex 1 No II 70 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 43 Storage

1 Anyone who stores biological material or health-related personal data for research purposes must take appropriate technical and organisational measures to prevent unauthorised use thereof, and fulfil the operational and professional requirements. 2 The Federal Council shall specify the requirements for storage.

Art. 44 Deceased persons, embryos and foetuses including stillbirths

Articles 41–43 apply mutatis mutandis to deceased persons, to embryos and foetuses including stillbirths and parts thereof, and to data collected in this connection.