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As you say, there is a situation in which it is
impossible and another situation in which it will happen,
and another in between.
So it seems to me that it is not just talking
about what the protections are but the reason to lead
towards one protection or another is going to vary
depending on what you see the risk is.
Let me follow this through in another way. I
think I am persuaded by your decision as to previously
collected samples to collapse those which were collected
for clinical reasons and those which were collected for
other research purposes, obviously not for the current
research because otherwise it would be a prospective study.
That is not the intuition I started with and it is not as
though every division and every distinction I think of I
follow through to suggest we have to show it.
The reason being is if you take that risk
approach it seems to me it is very likely that the things
that would concern people would be the same whether or not
their tissue had been taken out as a result of a diagnostic
or therapeutic procedure or some unconnected research and
that is not the intuition I started with.
I should note, however, I think we need to
address that with some care because in the first chapter in