The COVID-19 crisis and the CJEU’s Schrems II judgment have intensified data protection challenges for entities involved in transfers of data concerning health from the EU/EEA to third countries. By analysing the underlying policy considerations and the implications of Schrems II and its impact on subsequent case law and authoritative legal interpretations, this paper argues that the adoption of legal avenues and the implementation of supplementary measures tailored to the specificities of the healthcare sector would reduce barriers and facilitate transfers of data concerning health. Considering that data concerning health generally enjoy distinct normative treatment, this paper proposes the adoption of sector-specific international legal instruments, adequacy decisions, codes of conduct, certification mechanisms and a specific derogation for scientific research in healthcare. In addition to appropriate safeguards provided by the controller or processor, the effective deployment of technical, contractual and organisational measures can ensure that the level of protection afforded to data concerning health in a third country is essentially equivalent to that guaranteed within the EU/EEA.
Richard Rak (2022). International Transfers of Data Concerning Health After Schrems II: A Need for Sector-Specific Legal Avenues and Supplementary. The Hague : T.M.C. Asser Institute.
International Transfers of Data Concerning Health After Schrems II: A Need for Sector-Specific Legal Avenues and Supplementary
Richard Rak
2022
Abstract
The COVID-19 crisis and the CJEU’s Schrems II judgment have intensified data protection challenges for entities involved in transfers of data concerning health from the EU/EEA to third countries. By analysing the underlying policy considerations and the implications of Schrems II and its impact on subsequent case law and authoritative legal interpretations, this paper argues that the adoption of legal avenues and the implementation of supplementary measures tailored to the specificities of the healthcare sector would reduce barriers and facilitate transfers of data concerning health. Considering that data concerning health generally enjoy distinct normative treatment, this paper proposes the adoption of sector-specific international legal instruments, adequacy decisions, codes of conduct, certification mechanisms and a specific derogation for scientific research in healthcare. In addition to appropriate safeguards provided by the controller or processor, the effective deployment of technical, contractual and organisational measures can ensure that the level of protection afforded to data concerning health in a third country is essentially equivalent to that guaranteed within the EU/EEA.File | Dimensione | Formato | |
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