I.-The Data Protection Committee gives its opinion on the conditions for the validity of the clinical investigation, particularly with regard to :
the protection of individuals, in particular the protection of participants;
-the adequacy, completeness and comprehensibility of the written information to be provided and the procedure to be followed to obtain informed consent, and the justification for conducting a clinical investigation on persons incapable of giving informed consent;
-the possible need for a reflection period;
the possible need to include in the protocol a prohibition on simultaneous participation in another clinical investigation or a period of exclusion;
-the relevance of the clinical investigation, the satisfactory nature of the assessment of the expected benefits and risks and the appropriateness of the conclusions for clinical investigations not covered by the second and third paragraphs of II of article L. 1125-1 ;
-the appropriateness of the objectives pursued and the resources deployed;
-the qualifications of the investigator(s);
-the amounts and procedures for compensating participants;
-the procedures for recruiting participants;
-the scientific and ethical relevance of plans to establish collections of biological samples in the course of clinical investigations;
-the methodology of the clinical investigation with regard to the provisions of law no. 78-17 of 6 January 1978 as amended relating to data processing, files and civil liberties, the need to collect and process personal data and the relevance of such data to the purpose of the clinical investigation, 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 the aforementioned law of 6 January 1978, 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.
In the case of clinical investigations involving the processing of personal data as defined in article 72 of the aforementioned Act of 6 January 1978, the Personal Data Protection Committee may, in accordance with the procedures laid down by a decree of the Conseil d’Etat, refer the matter to the Healthcare Research, Studies and Evaluation Expertise Committee.
II – The protocol submitted by the sponsor of a clinical investigation, with the exception of that which does not involve any risk or constraint and in which all the procedures are carried out and the products are used in the usual way, to the personal data protection committee and, where applicable, to the competent authority, must indicate, giving reasons, 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. 1125-8 have been met. The competent authority is informed of any changes to the clinical investigation protocol introduced at the request of the Data Protection Committee.
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 will 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 (French National Agency for the Safety of Medicines and Health Products) has access to all relevant information relating to clinical investigations not covered by the second and third paragraphs of II of Article L. 1125-1.