2013
DOI: 10.1136/medethics-2013-101603
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Health research and systems’ governance are at risk: should the right to data protection override health?

Abstract: The European Union (EU) Data Protection Regulation will have profound implications for public health, health services research and statistics in Europe. The EU Commission's Proposal was a breakthrough in balancing privacy rights and rights to health and healthcare. The European Parliament, however, has proposed extensive amendments. This paper reviews the amendments proposed by the European Parliament Committee on Civil Liberties, Justice and Home Affairs and their implications for health research and statisti… Show more

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Cited by 21 publications
(15 citation statements)
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“…To this end, IMIA has started initiatives with all stakeholders to support trustworthy data use [50]. Such initiatives target the level of regulation, and amendment to laws, such as the EU's General Data Protection Regulation that will substitute the current EU Data Protection Directive 95/46/EC [51,52]. Finally, data protection regulations would require that available big data-enabled health information systems allow building and maintaining a personal health record that contains all personal data, i.e.…”
Section: Big Data Side Effectsmentioning
confidence: 99%
“…To this end, IMIA has started initiatives with all stakeholders to support trustworthy data use [50]. Such initiatives target the level of regulation, and amendment to laws, such as the EU's General Data Protection Regulation that will substitute the current EU Data Protection Directive 95/46/EC [51,52]. Finally, data protection regulations would require that available big data-enabled health information systems allow building and maintaining a personal health record that contains all personal data, i.e.…”
Section: Big Data Side Effectsmentioning
confidence: 99%
“…This may be a difficult balance to achieve and there are concerns that if regulations are too stringent they will hinder, or make impossible, research that contributes to improving health outcomes and health systems performance [27]. The Department of Health in the United Kingdom (UK) has suggested that ‘the duty to share information can be as important as the duty to protect patient confidentiality’ (p.21) [28].…”
Section: Discussionmentioning
confidence: 99%
“…According to the amended version of the Parliament, in the absence of consent from data subjects, processing of data concerning health for research purposes should only be allowed if it serves a "high public interest" and if "that research cannot possibly be carried out otherwise" (Article 81(2a)). The proposed amendments on the Commission's draft by the Parliament fueled massive concerns among the biomedical and health research community, who saw the proposed requirements as a barrier to research [19][20][21]. The pertinent provisions, and especially Articles 81 and 83 concerning the use of health data including genetic data for research purposes, were extensively discussed by the European Council afterwards.…”
Section: Processing Personal Data and Special Categories Of Data Undementioning
confidence: 99%