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The Ban On Processing Medical Data In European Law : Consent And Alternative Solutions To Legitimate The Processing Of Medical Data In Healthgrid, Jean Herveg Dec 2005

The Ban On Processing Medical Data In European Law : Consent And Alternative Solutions To Legitimate The Processing Of Medical Data In Healthgrid, Jean Herveg

Jean HERVEG

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data bans the processing of medical data owing to their highly sensitive nature. Fortunately the Directive provides that this ban does not apply in seven cases. The paper aims first to explain the reasons for this ban. Then it describes the conditions under which medical data may be processed under European Law. The paper investigates notably the strengths and weaknesses of the data subject’s consent as …


La Procédure "Comme En Référé" Appliquée Aux Traitements De Données, Jean Herveg Dec 2005

La Procédure "Comme En Référé" Appliquée Aux Traitements De Données, Jean Herveg

Jean HERVEG

No abstract provided.


Which Major Legal Concerns In Future E-Health ?, Jean Herveg, Yves Poullet Dec 2005

Which Major Legal Concerns In Future E-Health ?, Jean Herveg, Yves Poullet

Jean HERVEG

e-Health Policy faces a radical change of perspective in the development of new e-Health projects. Indeed these projects are no more conceived as simple answers to well-identified and punctual needs. Today they are part of an Infrastructure Policy aiming at the establishment and the operation of real information highways in healthcare. This paper tests the creation of these highways against four validity criteria : necessity, transparency, security & confidentiality, and quality.