The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity.
This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children’s health and academic research?
By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.
This book examines health and big data questions in light of the GDPR and the EU’s general data privacy legal framework. It addresses the opportunities and challenges of big health data and considers the GDPR’s responses to these from a variety of disciplines and perspectives.
Section 1
Health Data Privacy under the GDPR
Chapter 1
The GDPR and (Big) Health Data: Assessing the EU Legislators Choices
Maria Tzanou, Keele University, UK
Chapter 2
Attribution of Responsibility under the GDPR in the Context of Health Data
Processing
Yordanka Ivanova, Sofia University St. Kliment Ohridski, Bulgaria, and Vrije
Universiteit Brussel, Belgium
Chapter 3
Healthcare data about children in social media: the challenges raised under
the GDPR
Rosemary Jay, Hunton Andrews Kurth, UK
Chapter 4
European-wide Big Health Data Analytics under the GDPR
Jos Dumortier, KU Leuven and Timelex Lawyers, Brussels, Belgium
Mahault Piéchaud Boura, Timelex Lawyers, Brussels, Belgium
Chapter 5
Privacy Issues in eHealth and mHealth Apps
Beatriz Sainz-de-Abajo, University of Valladolid, Spain
Isabel de la Torre-Díez, University of Valladolid, Spain
Susel Góngora-Alonso, University of Valladolid, Spain
Miguel López-Coronado, University of Valladolid, Spain
Section 2
A Critical Assessment of the GDPRs Regulatory Solutions
Chapter 6
Regulating non-personal data in the age of Big Data
Bart van der Sloot, Tilburg University, the Netherlands
Chapter 7
Addressing Big Data and AI Challenges: A Taxonomy and Why the GDPR Cannot
Provide a One-size-fits-all Solution
Maria Tzanou, Keele University, UK
Chapter 8
The GDPR, AI and the NHS Code of Conduct for Data-Driven Health and Care
Technology
Joseph Savirimuthu, University of Liverpool, UK
Dr. Maria Tzanou is Senior Lecturer in Law at Keele University, United Kingdom.
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