Surrender of tissue samples from research biobank
Supreme Court order 14 September 2020, HR-2020-1776-A, (case no. 20-065890STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Authority (Counsel Tone Aase)
v.
The Norwegian University of Science and Technology, A (Counsel John Christian Elden)
Justices: Indreberg, Noer, Ringnes, Arntzen, Steinsvik
In connection with a reopened criminal case after the death of a child, the Public Prosecution Authority requested surrender of tissue samples taken from the deceased during a research project, which were stored at the university that had inititated the project. The biologic materials from the autopsy had been destroyed. The Supreme Court, having conducted an oral hearing, found like the previous instances that section 27 subsection 2 of the Health Research Act prevented surrender. The provision lays down an absolute prohibition against any surrender of such materials. Despite there being good reasons for accepting surrender, weighty considerations indicated that the provision could not be interpreted restrictively. Any exceptions therefore had to be regulated in the Act itself or in Regulations according to section 27 subsection 3. The Prosecution Authority's appeal against the order of the Court of Appeal was dismissed.