OBJECTIVE: in order to analyze the constitution and management of DNA banks
and the limitations on procedures currently used in France, we conducted a
study in a sample of French hospital units. A DNA bank was defined as any
facility where individual samples of DNA, irrespective of the form, are sto
red for ongoing or future gene studies. The aim of this work was to focus a
ttention on the need for in-depth thought on the ethical issues involved in
storing and using DNA as part of everyday clinical practice and research a
nd to provide elements for a debate on the interest and limitations of the
French bioethics laws whose revision is currently being considered.
METHODS: A questionnaire was sent to the heads of departments in two univer
sity hospitals. Five areas were retained for evaluation. the nature and deg
ree of DNA storage activities, procedures followed for reporting the DNA ba
nk procedures used to protect confidentiality, information given to patient
s and procedures used for informed consent, and finally internal rules gove
rning the bank's operation. The answers to the questionnaires were analyzed
anonymously.
RESULTS: Among 20 hospital units collecting DNA samples, 70% also stored ot
her samples (DNA, blood, tissue, cell lines) including a large proportion o
f tissue samples. These samples were collected for purposes of fundamental
research and clinical practice. The number of samples stored was quite vari
able, ranging from a few dozen samples to more than 40 000. Only 55% of the
units had reported the facility to a control body, in compliance with curr
ent law. Seventy percent maintained computerized data bases but only 50% us
ed an anonymous code. Seventy-five percent obtained written consent bur pat
ients were not always informed of the site of the storage or the transfer o
f their DNA. in addition, the validity of the consent over rime, the durati
on of storage and the types of studies that could be conducted on the DNA w
ere poorly detailed. Internal rules governing the bank's activities were no
t implemented by most of the units (65%).
CONCLUSION: The responses to our questionnaire survey show that there is cu
rrently a gap between everyday practice and regulatory procedures concernin
g DNA banks in France. Further analysis of current practices would appear t
o be necessary so professionals could become more aware of the human and so
cial issues involved with the use of DNA banks. These data on everyday prac
tices should be made available to health care workers, public officials and
law makers in order to promote ethical practices that, as has been observe
d, are not dictated solely by legislation which often lags behind everyday
activities. All those involved in the management of DNA banks must be aware
of their responsibilities in protecting patients' rights within the framew
ork of a system based on information, consent, and over-the-board trustwort
hiness regularly submitted to short and long term assessments. A correct re
sponse to ethical issues is the only means of developing a real process of
social interaction which cannot be achieved by revision of the bioethics la
ws alone.