ABSTRACT
This chapter explores the ambiguous and fragmented legal framework that has developed in the field of genetic data since the Human Genome Project. One may assume that it is this symbolic character of the human DNA that played a crucial role in the conceptual shift from the protection of persons to the protection of humans in the legal discourses on genetic data. The situation is different when genetic information is not intended to be used for therapeutic or research purposes, but in connection with insurance, the creation of patents or the establishment of business-oriented biobanks. Biobanks or BRCs contain collections of culturable organisms, replicable parts of these viable but not yet culturable organisms, cells and tissues, as well as databases containing molecular, physiological and structural information. In 2012 European Commission aimed to map biobanks from a new focus; instead of looking at the legal challenges across Europe, examined the biobank as a challenge to governance.
