Data di Pubblicazione:
2022
Citazione:
IL TRATTAMENTO DEI DATI SANITARI AI SENSI DELREGOLAMENTO UE/2016/679 / V. Danzi ; tutor: G. Carullo ; coordinatore: F. Biondi. Università degli Studi di Milano, 2022 Mar 18. 34. ciclo, Anno Accademico 2021. [10.13130/danzi-vania_phd2022-03-18].
Abstract:
The thesis addresses the issue of health data processing in the light of Regulation 2016/679/EU.
Specifically, the first part is dedicated to analyzing the particular regime that the European legislator
has chosen to introduce, starting from the definition of the health data. After analyzing the legal bases
legitimized for the processing, we investigate how the European legislator has imposed a general
prohibition of processing, except in some instances. In this way, European Member States are free to
maintain or introduce additional conditions while respecting their legal traditions. These exceptions
demonstrate how the legitimate processing of health-related data represents, in most cases, an
essential resource for the benefit not only of the data subject but also of the entire community. Just
think of the processing of health data for scientific research purposes and the impact of the circulation
of information and their combination on the development and study of new therapies and scientific
advancement in general. From this point of view, the work's leitmotif is represented by the balance
between the right to health and the right to data protection. After having illustrated the main doctrinal
and jurisprudential theses on the right to health, the analysis focuses on the complex relationship
between the right to health and the right to data protection in the context of the tragic emergency
context caused by the worldwide spread of Covid-19. To this end, starting from the emergency
legislation on the protection of health data in force for the duration of the emergency, it was decided
to address the delicate issue of balancing the two rights, both fundamental. It considers how
technology, through the introduction of contact tracing apps and the European green digital
certification, has made a significant contribution to countering the spread of the infection, using data
for a specific public interest. The survey profile that accompanied the entire work concerns the search
for a balance between the right to health, on the one hand, and the protection of health data, on the
other. The study aims to demonstrate how the European legislator himself pays particular attention to
the balance between the two interests, drawing inspiration from the criteria of proportionality and
reasonableness and rejecting any logic based on either or the right. For this reason, the same legislator
has conceived the right to data protection as a flexible right, able to adapt to the purposes pursued
through the processing of health data.
Tipologia IRIS:
Tesi di dottorato
Keywords:
dati sanitari; bilanciamento; diritto alla salute; protezione dei dati sanitari
Elenco autori:
V. Danzi
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