Should the U.S. Adopt European-Style Data-Privacy Protections?

You can read more of the Wall Street Journal debate between Joel R. Reidenberg (Yes) & Thomas H. Davenport (No) here: Should the U.S. Adopt European-Style Data-Privacy Protections?

This urgent issue will be debated at the 3rd International Summit on the Future of Health Privacy in Washington, DC on June 5-6, 2013 at Georgetown Law Center.

The opening keynote will be Peter Hustinx, the EU Data Protection Supervisor: A health check on data privacy”

Register to attend at www.healthprivacysummit.org .

Should the U.S. Adopt European-Style Data-Privacy Protections?

View the full article at Should the U.S. Adopt European-Style Data-Privacy Protections?

This urgent issue will be debated at the 3rd International Summit on the Future of Health Privacy in Washington, DC on June 5-6, 2013 at Georgetown Law Center.

The opening keynote will be Peter Hustinx, the EU Data Protection Supervisor. He will speak on “A health check on data privacy?”

Register to attend at www.healthprivacysummit.org . Later we will post a link to watch via live-streaming video.

Re: Big Changes Coming in EU Privacy Law

Regarding the article in the Genomics Law Report: Big Changes Coming in EU Privacy Law

The new EU standards for data privacy apply to health data and require the level of personal control over health data and informed consent that Americans expect from electronic health systems, but don’t have. US companies doing business in the EU will have to comply with these tough new privacy protections in a year or face penalties. If companies can build privacy-protective systems there, why not here?

Quote:

  • Companies doing business in the EU must prove “every subject has given consent for the processing of their data for specified purposes. Consent is defined as “any freely given specific, informed and explicit [emphasis added] indication of will,” and can be withdrawn at any time. The subject will also have a controversial “right to be forgotten and to erasure.” This means that when the subject withdraws consent or “the data are no longer necessary” for the purposes for which they were collected, the company must render the data inaccessible, including on the Internet.”

Americans feel the exact same way the European public feels; they too want ethics-based systems that comply with longstanding rights to health privacy.

Since US companies will have to comply with strong patient privacy rights in the EU, they could obviously do the same in the US. Unless the US builds in the same strong patient protections, research comparing electronic health records in the US and EU will be impossible.

The Administration should use the EU example to move forward and require US electronic systems and data exchanges be built to comply with Americans’ longstanding rights to control the use of personal health information.