Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.

Schneider, G., Comandè, G., Regulatory Challenges of Data Mining Practices: The Never-ending Lifecycle of Health Data, <<EUROPEAN JOURNAL OF HEALTH LAW>>, 2018; (25): 284-307 [https://hdl.handle.net/10807/197822]

Regulatory Challenges of Data Mining Practices: The Never-ending Lifecycle of Health Data

Schneider, Giulia
Co-primo
;
2018

Abstract

Health data are the most special of the ‘special categories’ of data under Art. 9 of the General Data Protection Regulation (GDPR). The same Art. 9 GDPR prohibits, with broad exceptions, the processing of ‘data concerning health’. Our thesis is that, through data mining technologies, health data have progressively undergone a process of distancing from the healthcare sphere as far as the generation, the processing and the uses are concerned. The case study aims thus to test the endurance of the ‘special category’ of health data in the face of data mining technologies and the never-ending lifecycles of health data they feed. At a more general level of analysis, the case of health data shows that data mining techniques challenge core data protection notions, such as the distinction between sensitive and non-sensitive personal data, requiring a shift in terms of systemic perspectives that the GDPR only partly addresses.
2018
Inglese
Schneider, G., Comandè, G., Regulatory Challenges of Data Mining Practices: The Never-ending Lifecycle of Health Data, <<EUROPEAN JOURNAL OF HEALTH LAW>>, 2018; (25): 284-307 [https://hdl.handle.net/10807/197822]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/197822
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