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South Africa’s move toward open science 

by Donrich ThaldarNovember 10, 2023

South Africa's move towards open science In today’s world, science plays a role that is undeniable and essential. It serves...

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The draft Code of Conduct for Research — room for improvement

by Donrich ThaldarAugust 11, 2023

The draft Code of Conduct for Research - room for improvement The burgeoning landscape of research, particularly in genomics, calls...

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The EU’s Single Resolution Board decision and the use of pseudonymous data in Kenya

by Paul OgendiJuly 27, 2023

The EU's Single Resolution Board decision and the use of pseudonymous data in Kenya SRB v EDPSBackgroundOn 26 April 2023,...

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The effect of the 90-day period for deciding on complaints submitted to the Office of the Data Protection Commissioner in Kenya

by Paul OgendiMay 29, 2023

The effect of the 90-day period for deciding on complaints submitted to the Office of the Data Protection Commissioner in...

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South Africans have their say about heritable human genome editing

by Donrich ThaldarMay 24, 2023

South Africans have their say about heritable human genome editing My research group conducted a public engagement study on heritable...

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Weighing in on a UK-SA data bridge

by Beverley TownsendMarch 9, 2023

Weighing in on a UK-SA data bridge If you think that with the advent of POPIA – by all accounts...

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On YouTube.

The Res Nullius Construction of Human Genomic Data

Latest video

Professor Donrich Thaldar explains why newly generated genomic data do not belong to anyone.

Determining ownership can be complex. While some jurisdictions have specific legislation on genomic data ownership, in the absence of such laws, general property law rules apply. It may be surprising to learn that the data subject does not automatically become the owner, as property rights are separate from personality rights. It is argued that a newly generated genomic data instance should be viewed as res nullius (belonging to no one), which allows a research institution that generates a genomic data instance to acquire ownership in it through appropriation. 

Further reading: The multidimensional legal nature of personal genomic sequence data: A South African perspective.

https://doi.org/10.3389/fgene.2022.997595

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