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What post-market monitoring mechanisms are in place to ensure the ongoing safety and efficacy of medicinal products after marketing authorisation has been granted?
The Federal Commission for Protection Against Sanitary Risk (COFEPRIS) has a permanent pharmacovigilance programme based on information regarding possible adverse effects of drugs issued by:
- doctors and physicians, on a voluntary basis;
- the pharmaceutical companies that manufactures the products; and
- conductors of clinical trials.
Under the Health Law Regulations and Official Mexican Standards (NOMs), COFEPRIS’s monitoring is focused, among other things, on:
- ensuring compliance with good manufacturing practices and standard operating procedures;
- ensuring that activities do not exceed the limits set by the authorisation and do not differ from those activities which are authorised; and
- ensuring the performance of validation analysis of the manufacturing processes and systems involved.
What data protection issues should be considered when conducting pharmacovigilance activities?
The primary legislation is the Personal Data Protection Law. This legal framework requires that the person or entity in charge of compliance observe consent, quality, purpose, loyalty, proportionality, responsibility, security and confidentiality requirements. It relates to the pharmaceutical legal framework, such as in the case of health research, clinical trials and pharmacovigilance.
The NOM for health research in human beings requires the protection of access, rectification, cancellation and opposition rights of research participants by deferring to the Personal Data Protection Law. Investigators and committees of the institution where the research is conducted must protect the personal data of participants in the research stages and publishing stages. Investigators must collect informed, valid consent from research participants.
The NOM for pharmacovigilance also recognises the protection of personal data of research participants and healthcare professionals submitting reports by deferring to the Personal Data Protection Law.
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