I.- The committee gives its opinion on the conditions for the validity of the research, particularly with regard to :
-the protection of individuals, in particular the protection of participants ;
the adequacy, completeness and intelligibility of the written information to be provided, as well as the procedure to be followed for obtaining informed consent, and the justification for research on persons incapable of giving informed consent or, where applicable, for verifying the absence of opposition; – the possible need for a reflection period; – the justification for research on persons incapable of giving informed consent or, where applicable, for verifying the absence of opposition; – the justification for research on persons incapable of giving informed consent or, where applicable, for verifying the absence of opposition;
-whether a reflection period is required;
-whether the protocol should include a prohibition on simultaneous participation in other research or a period of exclusion;
-the relevance of the research, the satisfactory nature of the assessment of the expected benefits and risks and the soundness of the conclusions for the research mentioned in 1° of Article L. 1121-1 and not involving a product mentioned in Article L. 5311-1 and for the research mentioned in 2° and 3° of Article L. 1121-1 ;
-the appropriateness of the objectives pursued and the resources deployed;
-the qualifications of the investigator(s)
-the amounts and procedures for compensating participants;
-how participants are recruited;
the scientific and ethical relevance of plans to build up collections of biological samples in the course of research involving the human person; – the methodology of the research in relation to the objectives pursued and the means employed
-the methodology of the research with regard to the provisions of law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, the need to collect and process personal data and the relevance of such data to the purpose of the research, prior to referral to the Commission nationale de l’informatique et des libertés. The Commission nationale de l’informatique et des libertés may, in order to carry out its duties as defined in article 66 of law no. 78-17 of 6 January 1978 as amended, refer the matter to the Comité d’expertise pour les recherches, les études et l’évaluation dans le domaine de la santé for an opinion.
For research involving the human person including the processing of personal data as defined in article 72 of law no. 78-17 of 6 January 1978 as amended, the personal data protection committee may, in accordance with the procedures laid down by the decree provided for in article L. 1123-14, refer the matter to the expert committee for research, studies and assessments in the health field.
II.In the case of non-interventional research not involving a product mentioned in Article L. 5311-1, the dossier submitted to the Committee for the Protection of Individuals includes :
1° A document certifying that the research is designed and carried out in accordance with the legislative and regulatory provisions of this Title, in accordance with a standard model laid down by order of the Minister for Health;
2° A declaration attesting to the compliance of the data processing for the purpose of carrying out the research with a reference methodology approved by the Commission nationale de l’informatique et des libertés pursuant to article 73 of law no. 78-17 of 6 January 1978 relating to data processing, data files and individual liberties;
3° A self-assessment questionnaire defined by order of the Minister responsible for health.
The Committee will give its opinion on the basis of the information contained in this file.
III. – The protocol submitted by the sponsor of research mentioned in 1° or 2° of Article L. 1121-1 to the Committee for the Protection of Individuals and, where applicable, to the competent authority, must state whether or not provision has been made for an independent monitoring committee to be set up.
Before giving its opinion, the Committee shall ensure that the conditions of Article L. 1121-13 have been met. The competent authority is informed of any changes made to the research protocol at the request of the Data Protection Committee.
In addition to the tasks entrusted to them in relation to research involving the human person, the Committees are also consulted under the conditions set out in articles L. 1211-2 and L. 1130-5 .
The Committee will issue a reasoned opinion within a time limit set by regulation.
In the event that the Committee is at fault in the performance of its duties, the State shall be held liable.
At the request of the Committee for the Protection of Individuals concerned, the Agence nationale de sécurité du médicament et des produits de santé (National Agency for the Safety of Medicines and Health Products) has access to all relevant information relating to the research mentioned in 2° and 3° of Article L. 1121-1.