Additional aspects that need to be considered when setting up a registry are discussed below.
Legal framework
The legal framework that applies to a medical registry should be clarified before setting it up since this determines the operational requirements to maintain it (see Table 2 for an overview of regulatory requirements). Depending on their purpose and field of interest, medical registries are subject to various federal and cantonal regulations that govern data protection, data collection, data transfer, confidentiality, and other applicable areas. In general, voluntary registries collecting previously recorded routine clinical data for future research purposes are also regulated by the Human Research Act (HRA) and chapter 3 of the Human Research Ordinance (HRO). If a medical registry is supplemented by a concomitant biobank that collects additional body fluids and tissue, it is also subject to the HRA and chapter 2 of the HRO. The same applies if additional health-related data are collected beyond clinical routine procedure.
Ethics committees (approval, information, and advice)
The HRA does not require authorisation for collecting already existing data and samples per se, provided participants have given their consent or have been informed accordingly. Approval from an ethics committee (EC) is needed only when data or samples are used for research projects. However, researchers can voluntarily request an EC’s opinion when setting up a registry or a biobank. This gives them the certainty that ethical, legal, and technical requirements have been met and research projects based on that registry or biobank will have a smooth approval process. A form has recently been introduced on the BASEC (Business Administration System for Ethics Committees) portal for this purpose (cf. article from swissethics in this issue).
Taking additional samples of tissue, blood, or other body fluids for research purposes represents a research project itself (HRO, chapter 2), even if taken during a routine procedure (e.g. taking an extra tube of blood during routine blood sampling). Therefore, before additional samples can be taken, EC approval and patients’ consent must be obtained in advance. The same applies if additional data are collected (e.g. questionnaires on aspects of quality of life which are not routinely assessed).
Informed consent
Generally, patients must give their consent or be informed about their right of objection before their data can be used for research purposes. Either a registry-specific or a general consent form can be used. Depending on the degree of traceability (uncoded, coded, or anonymised) and the type of data (genetic or non-genetic), stricter data protection rules may apply (see HRO, art. 28–32). For example, while informing the patient about his or her right of objection is sufficient for the further use of coded non-genetic data, the further use of coded genetic data for research requires the (written) consent of the patient. In exceptional cases, where it is impossible or requires disproportionate effort to obtain consent or inform the patient, the EC may authorise the further use of data even without the patient’s consent or information. However, this is reserved for special situations and requires a case-by-case assessment by the EC (HRA, art. 34).
For further information on points 2b and 2c, see the document Guiding Principles for Registries in Human Research on swissethics’ website (in German and French).
Registries’ internal regulations
The quality, transparency, and focus of a registry are pivotal success factors. To put a medical registry into operation, it is vital to establish internal regulations that define the registry’s aims and tasks and that cover all the essential aspects of the above-mentioned registry recommendations (see Table 1). Additional documents describing the registry’s organisation, orientation, and activities might be necessary and should be regularly updated (organigrams, flow charts, annual reports, etc). In essence, the documents should provide a comprehensive and binding description of the registry and should be kept current (Lübbeke-Wollf, Clerc, and Kern 2019).
Agreements
The relationship to stakeholders (e.g. financial donors, participating institutions involved in data exchange, and external service providers) has to be defined by appropriate agreements. Contracts should be in place which define not only the roles and responsibilities but also the rights to data usage for all involved parties. It has to be stressed that special attention should be paid to regulate the data exchange for research projects. swissethics provides academic institutions with a Data Transfer and Use Agreement (DTUA) template issued by the Swiss Personalized Health Network (SPHN).
Finances
A long-term financial concept has to be in place in order to run a registry for a long period of time and gain high-quality data sets from which meaningful results can be generated. Moreover, registries require, amongst other things, professional staff and systems for data collection, validation, and cleaning.
Governance of patient data
The governance of patient data has to be clarified and regulated in advance: how data are stored and processed in the registry (non-coded, pseudonymised, or anonymised), how the traceability of data is maintained, where and by whom data are stored, how data protection requirements are maintained, which software is used, how data access and exchange are regulated, etc. In addition, the administrative, technical, and physical safeguards for storing, processing, and exchanging data have to be defined. Although data storage and processing may be outsourced to specialised service providers, the holder of the registry is responsible for adhering to legal requirements and contractual agreements.
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