The Impact of e-Health on Privacy and Fundamental Rights: From Confidentiality to Data Protection Regulation

Francesco Cirillo

Abstract


This paper aims to address some of the relevant issues of health and privacy within ehealth landscape. Scientific progress is actively developing pervasive processing of health data. Once considered as the protection of private life, in the last decades, the concept of privacy has evolved. The main feature is the protection of the flow of personal information in the digital world. The GDPR has introduced a new approach that also entrusts some soft law instruments. The principle of consent has now a different and weaker role. Data-sharing, scientific research, healthcare, privacy and research are placed in a stronger interconnection. In this new framework, deontology and private self-regulation are the ultimate warranty of the balance between health and privacy. Then, the scientific community is entrusted to discover its limits and to be the guardian of a problematic balance between values increasingly transfigured by the disruptive innovation.

Keywords


Privacy; health; e-health; medicine; informed consent; GDPR; scientific research; big data; deep learning; deontology; confidentiality; code of conduct; deliverables; fundamental rights; constitutional law

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