The proposed Code of Conduct for Research in South Africa: despite good progress, unresolved issues remain

After a 3-year development process and several drafts, the Academy of Science of South Africa (ASSAf) has submitted its proposed Code of Conduct for Research (proposed CCR) to the South African Information Regulator for its consideration and approval. When approved, the proposed CCR will be an important legal instrument that will complement the Protection of Personal Information Act 4 of 2013 (POPIA) in governing research activity in the country—including data sharing by South African researchers with their collaborators in other countries. The proposed CCR resolves important issues that were present in previous drafts. However, three important issues require attention: (1) how the identifiability of data subjects is to be determined in research data; (2) how research data can be repurposed for commercial use; and (3) how open access genomic databases should be established in the South African legal framework. In addition, the proposed CCR introduces a new issue: a legally unsustainable exception from POPIA application for genetic data. All these issues considered, the proposed CCR needs revision ahead of its approval by the Information Regulator. Recommendations are made on how to resolve the remaining issues.