6. Medical Confidentiality

Intelligente Systeme – Intelligentes Recht

10.5771/9783748925705 ◽

2021 ◽

Keyword(s):

Intellectual Property ◽

Data Protection ◽

Law School ◽

Law And Technology ◽

The Face ◽

Science Conference ◽

Data Protection Law ◽

Smart Technologies ◽

Adaptive Technologies ◽

The Relationship

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.

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6. Confidentiality

Medical Law and Ethics ◽

10.1093/he/9780198846956.003.0006 ◽

2020 ◽

pp. 273-319

Author(s):

Jonathan Herring

Keyword(s):

Health Information ◽

Data Protection ◽

Patient Access ◽

Legal Basis ◽

Ethical Aspects ◽

Medical Confidentiality ◽

Legal Remedies ◽

Legal Remedy

This chapter examines the legal and ethical aspects of medical confidentiality. The discussion include the legal basis of confidentiality; defences to claims of breach of confidentiality; the Data Protection Act 1998; legal remedies in confidentiality cases; patient access to their own health information; and ethical arguments for and against confidentiality. Underpinning this chapter is the tension between requiring that a patient’s confidences are kept and the fact that sometimes there is an overwhelming reason why confidentiality needs to be breached. A further difficulty for this topic is that once confidentiality has been breached it can be very difficult to formulate an effective legal remedy.

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5. Confidentiality

Medical Law and Ethics ◽

10.1093/he/9780198810605.003.0005 ◽

2018 ◽

Author(s):

Jonathan Herring

Keyword(s):

Health Information ◽

Data Protection ◽

Patient Access ◽

Legal Basis ◽

Ethical Aspects ◽

Medical Confidentiality ◽

Legal Remedies ◽

Legal Remedy

This chapter examines the legal and ethical aspects of medical confidentiality. The discussion include the legal basis of confidentiality; defences to claims of breach of confidentiality; the Data Protection Act 1998; legal remedies in confidentiality cases; patient access to their own health information; and ethical arguments for and against confidentiality. Underpinning this chapter is the tension between requiring that a patient’s confidences are kept and the fact that sometimes there is an overwhelming reason why confidentiality needs to be breached. A further difficulty for this topic is that once confidentiality has been breached it can be very difficult to formulate an effective legal remedy.

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Erratum: Big Data in medical research and EU data protection law: challenges to the consent or anonymise approach

European Journal of Human Genetics ◽

10.1038/ejhg.2016.71 ◽

2016 ◽

Vol 24 (7) ◽

pp. 1096-1096 ◽

Cited By ~ 4

Author(s):

Menno Mostert ◽

Annelien L Bredenoord ◽

Monique CIH Biesaart ◽

Johannes JM van Delden

Keyword(s):

Big Data ◽

Medical Research ◽

Data Protection ◽

Data Protection Law

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Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Belgian, Dutch and English Law

European Journal of Comparative Law and Governance ◽

10.1163/22134514-00102007 ◽

2014 ◽

Vol 1 (2) ◽

pp. 120-129

Author(s):

Jeanne Pia Mifsud Bonnici

Keyword(s):

Medical Research ◽

Data Protection ◽

Medical Information ◽

Private Life ◽

Legal Certainty ◽

Medical Confidentiality ◽

Present Volume ◽

Use Of Data ◽

The Right ◽

The Way

This paper provides a brief comparative comment on the three contributions of van der Hart-Zwart, Boddez & Nys, and Choong & Mifsud Bonnici included in the present volume. The three contributions reflect on the use of medical information and/or human bodily material obtained before or after death and used for medical research purposes after the death. The present reflective note first looks at the legal shortcomings pointed out in the three contributions, primarily the lack of clarity on whether medical confidentiality survives after death, the non-applicability of the right to private life and data protection after death and the incomplete rules on the use of bodily material of deceased persons for medical purposes. The paper then gradually reflects on the way the three jurisdictions combine attempts at legal certainty and pragmatism to deal with these shortcomings.

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Data Protection in the Cloud

Computer Law Review International ◽

10.9785/ovs-cri-2011-76 ◽

2011 ◽

Vol 12 (3) ◽

Author(s):

Peter Blume

Keyword(s):

Cloud Computing ◽

Member State ◽

Data Protection ◽

Data Security ◽

Data Transfer ◽

Protection Agency ◽

Starting Point ◽

Data Protection Law ◽

The Relationship ◽

Data Subject

AbstractThis article discusses the data protection issues made topical by cloud computing. It takes its starting point in a decision made by the Danish Data Protection Agency which is probably the first decision concerning this issue in an EU member state. The article focuses on the relationship between controller and processor, data security, data transfer and data subject rights. It concludes that cloud computing is a challenge but that data protection law should be able to meet that challenge.

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Data Processing as an Abuse of Market Power in Multi-Sided Markets. The More Competition-Oriented Approach in the German Federal Supreme Court’s Interim Decision KVR 69/19 – Facebook

GRUR International ◽

10.1093/grurint/ikab057 ◽

2021 ◽

Author(s):

Mark-Oliver Mackenrodt

Keyword(s):

Data Processing ◽

Supreme Court ◽

Market Power ◽

Data Protection ◽

Competition Law ◽

Competition Authority ◽

Data Protection Law ◽

Court Proceedings ◽

The Relationship ◽

Federal Supreme

Abstract The relationship between competition law and data protection law has been a highly controversial issue following the German Competition Authority’s (Bundeskartellamt, hereinafter ‘Competition Authority’) decision with regard to Facebook’s data processing policy. The Competition Authority’s theory of harm was centered around an exploitative abuse of market power through the imposition of a data processing policy which is in conflict with the data protection rules. In the interim court proceedings, the OLG Düsseldorf criticized the Competition Authority’s decision. The German Federal Supreme Court (Bundesgerichtshof, hereinafter ‘Federal Supreme Court’) upheld the Competition Authority’s decision. However, the Federal Supreme Court did not derive the exploitative abuse primarily from a mere violation of data protection law. Instead, the Court referred to the users’ lack of freedom of choice. The Court developed a modified theory of harm by identifying elements of an exploitative abuse but also of an exclusionary abuse. The Court’s line of argument is more competition-oriented and accounts for the particular economic features of multi-sided markets. In this line of reasoning, an actual violation of the data protection rules is not a necessary prerequisite for finding a violation of competition law.

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