La unión europea como modelo de protección de datos en ehealth, su influencia y barreras a la convergencia
- Autores: Alejandro Kress
- Directores de la Tesis: Josep Maria Monguet Fierro (dir. tes.), Enrique Navarro Contreras (dir. tes.)
- Lectura: En la Universitat Politècnica de Catalunya (UPC) ( España ) en 2017
- Idioma: español
- Tribunal Calificador de la Tesis: Joaquín Fernández Sánchez (presid.), Helena Bascuñana Ambrós (secret.), Alejandro Payá Pujadó (voc.)
- Materias:
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- Resumen
The upcoming General Data Protection Regulation at EU level to be implemented in 2018 will represent an historie achievement data time when the Europe is laying the foundations of a single digital market. In the context of Big Data and eHealth, it is convenient to tackle the influence of the current EU regulation related to health data. This research was conceived from the idea of assesing the influence of the right to personal data protection, born in Europe and proyected in the last decades in other regions such as Latin America. Privacy and data protection in the era of Big Data are not per se guaranteed. lt is the citizens themselves who are asking for a harmonized protection within the EU; this health data regulatory framework can be regarded as a data protection model in eHealth internationally. 2016 represented the 1 Oth anniversary of the lnternational Data Protection Day, a celebration that was established by the committee of ministers of the Council of Europe and the European Commission to raise awareness amongst citizens. In arder to contribute to this scientific progress, an undetermined number of databases and tools are deployed, with a varied and technically complex set of systems applied to severa! scientific disciplines. The use of these resources, diverse and fragmented in many cases, has led the EU to develop a number of initiatives to standardize the accesss and management of both information and systems, representing what 1 call a benchmark model. This research aims at shedding light on the engine of this model and its implications beyond Europe, looking at Latin America, based on the cultural, linguistic and commercial cooperation links with Spain. lt is about assessing the current magnitude of concepts such as Big Data, eHealth, data protection and electronic health records, after 50 years of progress in the area of data protection, when in the heart of Europe, first regulation of personal data protection was born. The European Union is the most regulated jurisdiction when it comes to data protection, and it is the European citizens themselves who have prometed legal changes and the defence of their rights. The law provides special priviledges to health data. Scientific research and health care within the eHealth environment require a stable framework, with legal certainty, in which the European Commission has been working extensively. This doctoral research splits in three stages: -Stage one refers to a deep review of the former and state-of-the-art investigations on this matter to gain an integrated and global knowledge, focusing on the European framework, analizing the evolution of data protection towards full integration in the EU, surrounding health and new technologies, in the light of the attitudes of European citizens towards data protection and electronic identity, while comparing the personal data protection cultures, within the EU, related to a harmonized legal framework.
-Latin America has no integrated regional legal system, but appears to be largely following the EU model of consumer privacy. To confirm the current tendency, in stage two 1 have compared the six largest EU economies and Latin America and analysed the advantages of convergence with the EU policy, while identifying the influence of the EU framework.
-In stage three 1 have investigated the existing barriers towards alignment with the EU framework, from the Latinamerican experience, in arder to develop an international framework.
Hence, healthcare data are very precious but they trigger colossal privacy and security issues, 1 conclude that the privacy policy appears to play a pivotal role within the future strategy of the businesses dealing with data of European citizens. The special protection that health data receive in Europe is trendsetting while the EU emerges as a model of global data protection regime.
