The GDPR Transfer Regime and Modern Technologies

11th ITU Academic conference: ITU Kaleidoscope: ICT for Health: Networks, Standards and Innovation

University of Groningen Faculty of Law Research Paper No.19/2020

9 Pages Posted: 10 Jan 2020 Last revised: 18 Mar 2020

See all articles by Trix Mulder

Trix Mulder

University of Groningen - Faculty of Law

Melania Tudorica

University of Groningen - Faculty of Law

Date Written: December 6, 2019

Abstract

Health data comes within a person’s most intimate sphere. It is therefore considered to be sensitive data due to the great impact it could have on a person’s life if this data were freely available. Unauthorized disclosure may lead to various forms of discrimination and violation of fundamental rights. Rapid modern technological developments bring enormous benefits to society. However, with this digitization, large amounts of health data are generated. This makes our health data vulnerable, especially when transferred across borders. The new EU General Data Protection Regulation (GDPR) legal framework provides for rights for users of modern technologies (data subjects) and obligations for companies (controllers and processors) with regard to the processing of personal data. Chapter V of the GDPR protects personal data that are transferred to third countries, outside the EU. The term ‘transfer’ itself, however, is not defined by the GDPR. This paper examines whether transfer within the meaning of the GDPR applies to health data processed by modern technologies and if the complexity of the GDPR legal framework as such sufficiently reflects reality and protects health data that moves across borders, in particular to jurisdictions outside the EU.

Keywords: health data, gdpr, privacy, transfer, modern technologies, data protection

Suggested Citation

Mulder, Trix and Tudorica, Melania, The GDPR Transfer Regime and Modern Technologies (December 6, 2019). 11th ITU Academic conference: ITU Kaleidoscope: ICT for Health: Networks, Standards and Innovation; University of Groningen Faculty of Law Research Paper No.19/2020. Available at SSRN: https://ssrn.com/abstract=3505831

Trix Mulder (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Melania Tudorica

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
36
Abstract Views
182
PlumX Metrics