L’influence de la finalité sur la qualification juridique des données de santé

Gaël Burroni

Revue internationale de droit économique, 2022, vol. t.XXXVI, issue 3, 63-76

Abstract: The purpose of the data processing may be the cornerstone of their legal qualification, especially when resorting to these data in a health context. Indeed, according to their purpose, the data processing is likely to generate information which are different from the input data. Thus, the nature of the data processed evolved as the processing is implemented. That reality invites us to reflect around two approaches: always considering their purpose, the data processing could drive either to an enlargement, or to an exceeding of the notion of health data. About the first hypothesis, our demonstration focuses its attention on the case of brain-computer interfaces. Indeed, these technologies pursue an anthropomorphic purpose which renews the question of the distinction between people and things, so that certain type of technical data could hypothetically receive the qualifications of personal and health data. About the second hypothesis, our demonstration aims to enlarge the opening of data which are reused for the general interest in the health domain. Insofar as the data processing is likely to generate information unrelated to the data processed as input, it appears that certain data unrelated to health could nevertheless be of interest in this matter.

Keywords: Health data; GDPR; Data processing; Principle of purpose; Data altruism; Brain-computer interface (search for similar items in EconPapers)
Date: 2022
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