Tzanou, M (2020) The GDPR and (Big) Health Data: Assessing the EU Legislator’s Choices. In: Health Data Privacy under the GDPR: Big Data Challenges and Regulatory Responses. Routledge. (In Press)

[thumbnail of Chapter 1 Tzanou The GDPR and health data.pdf]
Chapter 1 Tzanou The GDPR and health data.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial.

Download (398kB) | Preview


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.

Item Type: Book Section
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 22 Jul 2020 15:31
Last Modified: 24 Nov 2021 01:30

Actions (login required)

View Item
View Item