Compiling Medical Data into National Medical Databases

2011 ◽  
pp. 228-248
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

Compiling Medical Data into National Medical Databases

2009 ◽  
pp. 2085-2099
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

Coordination for the European Union

2020 ◽  
pp. 192-209
Author(s):  
Mads Dagnis Jensen ◽  
Peter Nedergaard
Keyword(s):  
Political System ◽  
Decision Making Process ◽  
The European Union ◽  
Eu Member States ◽  
Eu Legislation ◽  
Coordination System ◽  
Set Up ◽  
High Degree ◽  
Over Time ◽  
The Eu

The Danish EU coordination system is set up to secure a consensus-oriented and consistent positioning of Denmark in the EU decision-making process. It was established in connection with Danish membership in 1973, but it has roots that go further back. Over time, the Danish coordination system has undergone changes with increased decentralization to the sectoral ministries, through parliamentarization, and via increased transnationalization with linkages to the administrations in the EU and other EU member states. The system secures that the negotiators have a high degree of credibility in the eyes of other delegations, and it ensures a high score when it comes to implementation of EU legislation in Denmark. However, it also has some disadvantages. The key coordination lens in the form of the European Affairs Committee of the Danish Parliament is overloaded, and it is often involved too late in the Brussels negotiations. All in all, the Danish EU coordination system corresponds to the way the Danish political system works in other venues.

scholarly journals Europe must deliver at the level closest to the citizens Subsidiarity: Past, present and future

European View ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 16-25
Author(s):  
Michael Schneider
Keyword(s):  
European Commission ◽  
Task Force ◽  
Democratic Legitimacy ◽  
Member States ◽  
People's Party ◽  
Eu Legislation ◽  
European People’S Party ◽  
Commission President ◽  
Set Up ◽  
The Eu

Subsidiarity is a core value of the European People’s Party. It has been incorporated in the EU treaties to ensure that decisions are taken as closely as possible to the citizens. At a time when citizens are increasingly putting Europe’s democratic legitimacy into question, it is essential to place this principle at the heart of discourse on the EU. The Task Force on Subsidiarity, Proportionality and Doing Less More Efficiently, which was set up by European Commission President Jean-Claude Juncker in November 2018, has identified a ‘new way of working’. It gives local, regional and national authorities a stronger voice in EU policymaking, with the aim of improving the quality and effectiveness of legislation. If implemented by the different institutions, it will both ensure that EU legislation adds value and lead to the member states and their regions and cities taking greater ownership of EU decisions. And these developments, in turn, will help reconnect Europe with its citizens.

scholarly journals STAN CYWILNOPRAWNEJ OCHRONY KONSUMENTA USŁUG UBEZPIECZENIOWYCH W POLSCE

2017 ◽  
Vol 4 (2) ◽  
pp. 221
Author(s):  
Marcin Skorb
Keyword(s):  
Civil Law ◽  
Personal Data ◽  
Insurance Companies ◽  
Insurance Law ◽  
Eu Legislation ◽  
General Terms ◽  
Definition Of ◽  
Legal Character ◽  
Insurance Agreement ◽  
The Eu

Protection of Personal Data of Consumers of Insurance Services in PolandSummaryThe article analyses the regulations o f Polish civil law, which were introduced to protect a consumer of insurance services who, as a weaker party of a insurance agreement needs such protection. It presents main changes of the insurance law in this respect, introduced on M ay 01, 2004 as a part of the process of adapting Polish legal system to the EU legislation. Amongst other things, the author discusses the following issues: legal definition of a „consumer”, scope o f legal measures on protection of the insured, legal character of the general terms and conditions of the insurance agreements issued by insurance companies and forbidden contractual clauses. The author also suggests changes to these laws in order to improve them and make them more precise.

scholarly journals Odpowiedzialność karna za utrudnianie i udaremnianie prowadzenia kontroli na gruncie ustawy o ochronie danych osobowych z dnia 10 maja 2018 r. Podstawowe zagadnienia karnoprawne

2020 ◽  
Vol 30 (4) ◽  
pp. 165-180
Author(s):  
Daria Sieradzka
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Criminal Liability ◽  
Personal Data ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Eu Legislation ◽  
Characteristic Features ◽  
The Eu ◽  
The Way

The paper analyses two provisions of the Act of 10 May 2018 on Personal Data Protection. It describes the structure and characteristic features of acts which obstruct or frustrate an inspection of compliance with personal data protection provisions. The paper emphasises the importance of powers held by a supervisory authority, the President of the Office for Personal Data Protection, especially in the context of the EU legislation. The article also gives examples of interrelationship between the controller and the entity that is controlled and discusses the way this impacts criminal liability. It presents a comparative analysis of the said provision alongside its analogous provision which is related to inspection carried out under Article 55 of the Act of 14 December 2018 on Personal Data Protection in Connection with Preventing and Fighting Crime. The final conclusions include some proposals for, inter alia, the analysis of problems noted by the Personal Data Protection Office while conducting control proceedings in the years 2018–2019.

scholarly journals Between 250 years of free information and 20 years of EU and Internet

2016 ◽  
Vol 10 (1) ◽  
pp. 27
Author(s):  
Inger Österdahl
Keyword(s):  
Personal Data ◽  
Public Access ◽  
Eu Legislation ◽  
The Right To Privacy ◽  
Eu Membership ◽  
The Right ◽  
Private Actors ◽  
Right Of Access ◽  
Access To Documents ◽  
The Eu

<p>The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy.  On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage.  The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU.  It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.</p><p><span>Article first published online: 22 MARCH 2016</span></p>

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