1st Edition

Health Data Privacy under the GDPR Big Data Challenges and Regulatory Responses

Edited By Maria Tzanou Copyright 2021
    182 Pages 1 B/W Illustrations
    by Routledge

    182 Pages 1 B/W Illustrations
    by Routledge

    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.

    Section 1
    Health Data Privacy under the GDPR

    Chapter 1
    The GDPR and (Big) Health Data: Assessing the EU Legislator’s 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 GDPR’s 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.