eHealth and Data

Abstract

The broad technological area of eHealth requires the collection and processing of patient health data for its development. The use of this data is prohibited unless there is explicit consent of the data subject or due to some waivers in the case of the processing necessary for reasons of public interest as long as specific measures to guarantee the data subject are taken. Consequently, the participatory dimension of the data subject is diminished by the need to balance individual needs with demands relating to collective interests. In particular, the data subject cannot object to the processing in the presence of the aforementioned exceptions, and the right to erasure is restricted as it succumbs to the need for conservation. However, this requirement must coexist with the right to obscure the social and health data and documents present in the Electronic Health File which requires a necessary implementation through the use of metadata. The development of the technological area of eHealth necessarily entails considering the role played by Artificial Intelligence that uses personal data for health purposes. The processing of health data by intelligent systems involves a lot of problems, especially in the case of a fully automated process. These problems confirm the centrality and delicate role of the interpreter who will have to balance the needs of privacy and data protection with the prevailing requests for health protection.