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Data protection in medical research: A comparative analysis
Journal of Data Protection & Privacy,
1
(4),
345-355
(2018)
Abstract
Healthcare research represents arguably the most important use of personal health information. Leveraging health-related data to this end involves the collection of information, processing of information and transaction or transfer of information. The use of such information is governed by data protection laws. This paper highlights the importance of medical/health information and its relationship with healthcare research as well as issues of confidentiality and privacy of information. The study includes a comparative analysis of the data protection legislations in the UK, USA and India. The issue of maintenance and integrity of the information is considered by means of a study of different legislations.
Keywords: data protection legislations; healthcare; confidentiality; right to privacy; data transaction; medical research
The full article is available to subscribers to the journal.
Author's Biography
Sonakshi Ahluwalia is an associate at SiebenIP, law firm specialising in intellectual property. She is a former student at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur (IIT Kharagpur), where she earned her LL.B. (Hons) in intellectual property rights (IPR). She also has a postgraduate diploma in intellectual property rights and has completed her B. Tech in Biotechnology.
Tapas K. Bandyopadhyay is an assistant professor at the Indian Institute of Technology Kharagpur (IIT-Kharagpur). Before joining IIT-Kharagpur, he worked with the Indian Patent Office and NTPC Ltd. He has a PhD in metallurgical and materials engineering from IIT-Kharagpur. His research interests include the technology–law interface, policy and the physical metallurgy of steel. He has written one book on intellectual property rights and had more than 22 papers published in refereed journals. He has two Indian patents (one granted, one applied for).
