We are currently amidst a wave of digital health evolution, characterised by the integration of advanced digital technologies into health and care, including artificial intelligence, wearables, and health-monitoring sensors. These technologies hold immense potential for enhancing care provision, particularly in aging societies such as Europe. However, this rapid development also presents substantial challenges to the legal governance of health data. In particular, the surge in health data processing gives rise to two conflicting needs. On one hand, the processing of large quantities of health data is essential for addressing societal demands, especially in the context of elderly care. On the other hand, ensuring the privacy of individuals requires robust legal frameworks to protect health data from misuse, often necessitating strict limitations on data processing. This tension highlights the need for legal frameworks that not only safeguard health data privacy but also facilitate its effective utilization. To fully harness the benefits of digital health technologies, it is crucial to explore the legal governance of health data in a comparative, international context.

Project managers

This project entails a comparative legal study between the health data protection legal framework of the European Union (EU) and that of China, in the context of using digital technologies for health-related purposes, with a focus on assisted living. Terms, concepts, and legal rules in both jurisdictions have been examined and compared so that similarities and differences are identified. On this basis, this dissertation sought to make recommendations that could inform policymakers about the possible legal paths of regulating the protection and processing of health data in the tide of digital health transformation. 

In this project, a traditional legal dogmatic method was applied. The method involved an in-depth interpretation and systematisation of the positive (material) law of the EU and China related to the research subject. Positive law is mainly expressed in constitutions, regulations, preliminary works, and case law. Secondary sources such as academic articles and guidelines from data protection authorities, etc. were also used. The purpose of applying the dogmatic method was to present the content of legislation in an orderly manner that follows the established hierarchy of legal sources to identify gaps and contradictions in regulation.

Several major pillars of this project have been completed, including: (1) the overview and taxonomy of the phenomenon of digital health; (2) the investigation on the legal model of health data governance under EU law; (3) the research on the legal model of health data governance under Chinese law; (4) the research on the legal role of privacy preserving technologies (with a focus on anonymisation) under the health data protection legal framework; (5) investigation on whether updates are necessary for EU and China’s respective legal rules on health data governance and relative recommendations.

 

About VisuAAL

Research is part of the Maria Skłodowska-Curie Action project visuAAL - Privacy-Aware and Acceptable Video-Based Technologies and Services for Active and Assisted Living. 

The aim of visuAAL is to bridge the knowledge gap between users’ requirements and the appropriate and secure use of video-based AAL technologies to deliver effective and supportive care to older adults managing their health and wellbeing.

VisuAAL seeks to increase awareness and understanding of the context-specific ethical, legal, privacy and societal issues necessary to implement visual system across hospital, home and community settings, in a manner that protects and reassures users; outputs will stimulate the development of a new research perspective for constructively addressing privacy-aware video-based working solutions for assisted living.

www.visuaal-itn.eu/