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The GDPR and (Big) Health Data: Assessing the EU Legislator’s Choices

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Abstract

This chapter critically examines the GDPR’s provisions relating to health by focusing on two main issues: i) the definitional uncertainties surrounding health data and, ii) the legislative choices regarding the balance between the competing interests to data privacy on the one hand -seen mainly within the context of the enhanced protection that personal health data enjoy-, and the interests of ‘public health’ on the other hand. I argue that while the GDPR’s provisions balancing data privacy with public health interests appear flexible and context- dependent, its binary definitional distinctions (sensitive (health)/ non-sensitive (non-health) data is problematic and may result in rendering the GDPR’s rules both over- and under- inclusive.

Acceptance Date Jul 7, 2020
Publication Date Nov 24, 2020
Publicly Available Date Mar 29, 2024
Book Title Health Data Privacy under the GDPR: Big Data Challenges and Regulatory Responses

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