Abstract

BRONSTEIN, V  and  NYACHOWE, D T. Streamlining regulatory processes for health researchers: To what extent does POPIA apply?. SAMJ, S. Afr. med. j. [online]. 2023, vol.113, n.8, pp.1319-1321. ISSN 2078-5135.  http://dx.doi.org/10.7196/samj.2023.v113i8.781.

South Africa has a well-established system for regulating health research on human subjects that works through a network of human research ethics committees (HRECs) established under the National Health Act No. 61 of 2003. The objective of the regulatory framework is to protect data subjects while furthering health research. The Protection of Personal Information Act No. 4 of 2013 (POPIA) has recently come into force and changed data protection laws. This article explores the legal effect of POPIA on health research. It is important to establish which legislation applies when processing personal information for health research. Section 3(2) (b) of POPIA is relevant here. It provides that POPIA does not apply where other legislation creates 'more extensive' conditions for the lawful processing of personal information than chapter 3 of POPIA does. This article explores implications of this curious provision in the context of health research.

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