Health Data Pools Under European Data Protection and Competition Law : Health as a Digital Business

Author: Giulia Schneider
Publisher: Springer-Verlag
ISBN: 9783030954260
Published In: May 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data?

The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.

Object, Methodology and Structure of the Research

Digital Health

Research and Health Data Pools

Health Data Pools: Case-Studies and Involved Interests

Health Data Pools Under the Digital Single Market Strategy

Health Data Pools Under European Data Protection Law

Health Data Pools under European Competition Law

Designing Health Data Pools: Data Protection Safeguards and Competition Remedies

Research Results and Conclusions