Technological disruption in european healthcare: implications of public telemedicine for the protection of patients’ data

  • Juan Francisco Rodríguez Ayuso Universidad Nacional de Educación a Distancia (UNED), Spain
DOI: https://doi.org/10.18543/ced.2811
Keywords: telemedicine, online brokering service, digital platform, personal health data, eHealth

Abstract

This research work investigates the notion and legal nature of telemedicine as an online intermediation service which, thanks to the configuration of mobile applications implemented by digital platforms, makes possible the telematic provision of patients’ right to health care. As a result of this analysis, an approach to the applicable regulatory framework is proposed, based on the necessary distinction between the medical service provided and the virtual medium through which it is provided, which is fundamental to investigate the legal framework and the fervent multiplication of rules aimed at disciplining figures, such as this one, that have arisen under the protection of ICTs. Finally, a no less relevant issue is addressed: the implication that this massive processing of highly sensitive information has on the fundamental right of the interested parties to the protection of their data, and it is necessary to address such important aspects as the very notion of health data, the rule that prohibits its processing, the relevance of patient consent as an enabling element, the purposes pursued by eHealth apps or the measures to be adopted to guarantee security in accordance with the high risk involved in this type of operation.

Received: 22 February 2023
Accepted: 18 May 2023

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Author Biography

Juan Francisco Rodríguez Ayuso, Universidad Nacional de Educación a Distancia (UNED), Spain

He holds a degree in Law and Business Administration and Management from the Universidad de Córdoba. He holds a PhD in Law from the Università degli Studi di Bologna (Italy). Master’s Degree in Autonomous and Local Law from the Universidad de Córdoba. Assistant Professor of Administrative Law and Academic Coordinator of the Degree in Legal Sciences of Public Administration at the Faculty of Law of the Universidad Nacional de Educación a Distancia (UNED). Author of several publications (monographs, collective books and articles in specialised journals) in the fields of Administrative Law and of the New Technologies (data protection, digital signature, digital platforms).

Published
2023-09-27
How to Cite
Rodríguez Ayuso, Juan Francisco. 2023. “Technological Disruption in European Healthcare: Implications of Public Telemedicine for the Protection of patients’ Data”. Deusto Journal of European Studies, no. 69 (September), 29-55. https://doi.org/10.18543/ced.2811.
Issue
No. 69 (2023)
Section
Articles

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