The panel will discuss the key challenges of health data processing in clinics and research under the GDPR and beyond: in particular, how to balance the protection of patients/data subjects with the interests of medical research. Relevant elements to consider are lawfulness, transparency and accountability. As regards lawfulness, it is necessary to explore the limits of informed and free consent (in particular in the case of data monetisation or where secondary data subjects are involved) and the opportunities to avoid consent requests (e.g. because of “public interests”). As regards transparency and accountability, a key challenge is the balancing between right to access (in particular when AI technologies are used) and public or private interests behind research. Some practical solutions will also be discussed, e.g. the helpfulness of DPIA or code of conducts in this field.
• How to deal with risks of using of new data-mining techniques in the context of clinics and how to protect rights and freedoms of data subjects?
• It is well known that in the context of biomedical research there is a conflict between private and public interest. How should it be assessed in terms of data protection law?
• What are the main ethical, legal and governance issues related to AI in the health care context? How could we solve them?