Why the South African National Health Research Ethics Council is wrong about ownership of human biological material and data.

Abstract

The South African National Health Research Ethics Council (NHREC) states in its 2024 Ethics Guidelines that human biological material (HBM) and data cannot be privately owned under South African law. This position conflicts with established legal principles, guidelines by the Health Professions Council of South Africa (HPCSA), and South African university policies, all of which support private ownership of HBM and data. Private ownership is not only legally sound but also ethically necessary, providing a framework for accountability, ensuring fair recognition of institutional contributions, and enabling responsible custodianship over these valuable resources. The NHREC's denial of private ownership of HBM and data undermines South African research institutions' ability to control their research assets and leaves them vulnerable to exploitation by foreign entities. The NHREC should issue a corrigendum to delete its incorrect position on private ownership of HBM and data.