New paper of Anastasiya Kiseleva 'What Will Become Of Our Health Data When We Die? The European Health Data Space Might Have an Answer' written together with Professor Iñigo de Miguel Beriain is published in the European Health & Pharmaceutical Law Review by Lexxion Team!
In the article, the authors explored a rather intriguing question: how the EC Proposal for European Health Data Space Regulation considers the electronic health data of deceased individuals? Spoiler: the EHDS might be a game-changer!
Data of deceased individuals are excluded from the scope of the GDPR. The Member States developed their own rules, but the divergences between them prevent the creation of the single market promoted in the EU Data Strategy. Anastasiya and Iñigo analysed the EHDS Proposal, its definitions, regimes for primary and secondary use, and saw that the data of those who have passed away is implicitly classified as non-personal and should be mainly covered by the secondary use regime. But what to do with the rules of the Member States – they should be kept and applied within the primary use regime. What it practically means and what else should be considered – check the article out!
The topic has been also discussed at the informal meeting with the LIBE Committee of the European Parliament, where Professor Paul Quinn and Health & Ageing Law Lab (HALL) were invited.