In Bloomberg Law, Cross Practice Attorneys Analyze Guidance on Clinical Trials from European Data Protection Board

Ropes & Gray privacy and cybersecurity partner Rohan Massey (London), health care partner Mark Barnes and associates David Peloquin and Michael DiMaio (all of Boston), along with Harvard Medical School professor Barbara Bierer, authored a Bloomberg Law article published Feb. 14 that analyzes recent guidance from the European Data Protection Board addressing the processing of personal data in clinical trials. 

The article discusses the EDPB’s recommendations regarding the appropriate basis for processing personal data in clinical trials. The authors note that while the guidance offers some clarity regarding the basis for processing personal data in clinical trials, it also introduces the possibility for further variation in approaches across European Union member states. The authors observe that the guidance’s treatment of secondary research suggests internal divisions within the EDPB regarding the extent to which one can rely on “compatibility” when processing personal data for secondary research.