BIG HEALTH AND GENETIC DATA: OPPORTUNITIES, RISKS, AND LEGAL CONUNDRUMS REGARDING THE APPLICATION OF GOPR

摘要

The revolution of Big Health and Genetic Data is seen as a double-edged sword. Heavily impacted by the use of AI, algorithms and technologies that reclaim health data for further use, Big Health and Genetic Data analysis yields ambiguous results that substantial impact on individuals. As there is no jurisprudential consensus on the definition of these categories of data, it is more expedient to describe them by means of their defining characteristics. Their potential sources are diverse, and the rapid expansion of informatics has been exciting the interest of various stakeholders, with data brokers occupying a prominent position. Big Health and Genetic Data are typical examples of mixed datasets, insofar as they may blend identifiable data (or pseudonymized data), de-identified data, non-personal or anonymous data. Apart from pseudonymized Big Health and Genetic Data, which understandably fall under the scope of GDPR, even anonymous Big Genetic Data do so, as they are regarded per se identifying. Ultimately, in this paper it has been questioned whether identification or identi-fiability could be the sole criteria for the application of GDPR, suggesting classification or classifiability, instead.