Bioethics and law in Norwegian large scale genomic research

For more than six years, there has been a controversy on the regulation of Norwegian biobanks and genomic research. The question has been whether the Biotechnology act applies to this kind of research. If it does, cumbersome and costly procedures of genetic counselling, informed consent and re-consent might be necessary, slowing the effectiveness of research. If it does not, the rights and interest of those participating in this type of research, might not be protected. So the arguments go. The legal expertise has not been able to settle this dispute. Now, a working group in the REC system has tried to find a solution. The solution has further been modified by bioethicists. The new law interpretation is in line with international recommendation for guidelines on return of result, information and consent in this type of research. In this paper I will highlight three points: First I will describe the new guidelines for genetic research in Norway, second I will reflect upon whether bioethicists should do (creative) law interpretations and third I will comment upon the fact that Norwegians fancy hard law for regulating ELSA-issues.