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Author: Jean Herveg

1 Introduction: Some Preliminary Reminders on the Evolution and Meaning of Data Protection in European Law Data protection is a legal discipline that studies the legal mechanisms that should be adopted and implemented with the view to protect individuals’ rights and liberties, and more

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In: European Journal of Health Law
Author: Jean Herveg

level of protection for the citizens with regard to the processing of personal data. The proposal has been adopted on 24 October 1995 and is widely known since as the privacy directive or the data protection directive . It fixes the general rules applicable to the processing of personal data in all

In: European Journal of Health Law

1 Introduction 1.1 Why Data Protection Is Important in Any Discussion on Healthcare Providing healthcare to individuals will almost always involve collecting and using information about them. This includes more formal medical aspects such as test results, doctors’ notes and medical

In: European Journal of Health Law

documents (i.e., diagnosis, prescriptions, reports, appointments, etc.) potentially jeopardises the privacy of patients such reports refer to, as already outlined by Article 29 Working Party. 5 The group has considered that: . . . from a data protection point of view the fact that has to be stressed is

In: European Journal of Health Law

law and the work of the hundreds of intergovernmental organizations subject to public international law 2 (referred to here as ‘international organizations’ or ‘IOs’). The EU General Data Protection Regulation (‘ GDPR ’), 3 which became applicable on 25 May 2018, illustrates the tensions

In: International Organizations Law Review

critical data which must remain private. In order to determine the boundary between parliamentary control and data protection in each case and to settle possible conflicts, clear rules and principles must be applied. Hence, an important question arises: Does the data protection legislation in force

In: International Journal of Parliamentary Studies

individual rights and interests. 2 In addition, the large scale re-use of data is difficult to reconcile with certain data protection principles, such as purpose limitation and data minimisation. 3 The current debate is about what form laws and information governance — consisting of organisational and

Open Access
In: European Journal of Health Law
Author: Ding Xiaodong

This paper rethinks the reasons for and the nature and means of personal data protection. The reasons for personal data protection are that it could promote the fairness and effectiveness of information flow, help individuals develop their independent personality, and equip them to deal with risks. With respect to the nature of personal data, this paper argues that such data should not be perceived from a purely individualistic point of view. Rather, there should be a contextualized understanding of the data, which considers the appropriate information flow of personal data within a particular context. Regarding the legal framework of personal data protection, this paper suggests that consumer protection law and public law are better equipped to protect personal data than tort, contract, or property law.

In: Frontiers of Law in China
Author: Paul Quinn

amount of data subjects that may be involved and also the diversity of sources from which they are drawn. The latter option may therefore appear attractive from a legal perspective given that it means that the use of health data will no longer be subject to the demands of data protection law. From the

In: European Journal of Health Law

pressure. These challenges affect two pillars on which liberty and democracy are based in the “onlife” dimension, in particular the right to privacy and data protection. 6 The latter complements the protection of the former against the threats coming from profiling and mathematizing human lives. Privacy

Open Access
In: The Italian Review of International and Comparative Law