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From Privacy to Data Protection in the EU: Implications for Big Data Health Research.
- Source :
-
European Journal of Health Law . 2018, Vol. 25 Issue 1, p43-55. 13p. - Publication Year :
- 2018
-
Abstract
- The right to privacy has usually been considered as the most prominent fundamental right to protect in data-intensive (Big Data) health research. Within the European Union (EU), however, the right to data protection is gaining relevance as a separate fundamental right that should in particular be protected by data protection law. This paper discusses three differences between these two fundamental rights, which are relevant to data-intensive health research. Firstly, the rights based on the right to data protection are of a less context-sensitive nature and easier to enforce. Secondly, the positive obligation to protect personal data requires a more proactive approach by the EU and its Member States. Finally, it guarantees a more comprehensive system of personal data protection. In conclusion, we argue that a comprehensive system of data protection, including research-specific safeguards, is essential to compensate for the loss of individual control in data-intensive health research. [ABSTRACT FROM AUTHOR]
- Subjects :
- *RIGHT of privacy
*BIG data
*MEDICAL research laws
*CIVIL rights
*LAW
Subjects
Details
- Language :
- English
- ISSN :
- 09290273
- Volume :
- 25
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- European Journal of Health Law
- Publication Type :
- Academic Journal
- Accession number :
- 126838689
- Full Text :
- https://doi.org/10.1163/15718093-12460346