Can personal data be recycled? The reuse and repurposing of data under the EHDS
Vera Lúcia Raposo
Abstract
The massive amount of unused data in the European Union (EU) is a huge obstacle to data-driven innovation, that is, to the use of data for scientific research and the development and launching of new products, ideas, and methods. Under the General Data Protection Regulation (GDPR), the reuse of data for a purpose different from that which guided the initial data collection is possible but subject to complex and demanding criteria. It is required the existence of a law that allows for data recycling, the consent of the data subjects, the fulfilment of the research exemptions, or a successful compatibility test. The EU’s acknowledgement that the existing legal framework is causing the loss of benefits, progress, and money has forced it to launch the concept of data spaces in which data will be shared, used, reused, and repurposed in a more flexible manner than is currently possible. The first data space project is the European Health Data Space (EHDS), which will cover the recycling (including reuse and repurposing) of electronic health data for public interest purposes, often connected with the development of new technologies and the advancement of scientific knowledge. However, the regulation that will govern the EHDS might fall short of its ambitious goals. This paper will analyse the legal framework for data repurposing both in the GDPR and in the EHDS and highlight the flaws of such legal regimes.
1 citation
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.16 × 0.4 = 0.06 |
| M · momentum | 0.53 × 0.15 = 0.08 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.