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By Willem Jacob Luyten

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However, it might be much worse. uk) and Royal Liverpool Children’s Hospital (Alder Hey) (Report of the Inquiry into the Royal Liverpool Children’s Hospital (Alder Hey) (2001), http://www. uk. 37 See O. O’Neill, Autonomy and Trust in Bioethics (Cambridge: Cambridge University Press, 2002). 38 See further, Beyleveld, Brownsword, Consent in the Law. 24 Ethics and Law of Intellectual Property If the withdrawal relates to tissue or samples that are difficult to substitute and that are of significant medical benefit or commercial value, this could really weigh the utilitarian scales against making it easy to withdraw.

Oxford Journal of Legal Studies 16 (1996), p. 55. 26 See Beyleveld, Brownsword, Human Dignity, Chapter 8. 27 See Moore v. Regents of the University of California (1988) 249 Cal. Rptr. 494; (1990) 271 Cal. Rptr. 146, (1990) 793 P2d 479; cert. Ct. 1388. D. ); 264 F. D. Fla. 2003) (02-22244-CIVMORENO (Miami)). For comment, see G. Laurie, Genetic Privacy (Cambridge: Cambridge University Press, 2002), pp. 322–323; and F. Bellivier, C. ”, paper presented at workshop on “Property in Human Tissue”, University of Tübingen, January 21– 22, 2005.

The option for discontinuance is compatible with either Model A or Model B (where the participant elects to abandon the information). However, the option for destruction is compatible only with Model B. Unless the privacy right has some proprietorial dimension, the participant cannot retain this level of control. If the compromise regime adopts the latter option, it advertises again the tension between the strength of its commitment to consent and the weakness of its approach to property. Arguably, a parallel analysis applies to the question of whether the operators need to return to participants for fresh consent where a secondary use of the banked materials is proposed.

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