2020
DOI: 10.2139/ssrn.3688392
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International Transfers of Health Research Data Following Schrems II: A Problem in Need of a Solution

Abstract: On 16 July 2020, the Court of Justice of the European Union issued their decision in the Schrems II case concerning Facebook's transfers of personal data from the EU to the US. The decision may have significant effects on the legitimate transfer of personal data for health research purposes from the EU. This article aims: (i) to outline the consequences of the Schrems II decision for the sharing of personal data for health research between the EU and third countries, particularly in the context of the COVID-19… Show more

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Cited by 2 publications
(1 citation statement)
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“…This list of justifications for cross-border transfer include adequacy decisions, bilateral or multilateral agreements, specific situations on the basis of consent, public interest, vital interest of the data subject and legitimate interests pursued by the controller not overridden by the interests or rights of the data subject. In the absence of the Privacy Shield or any other form of adequacy decision, data transfers from the EU to the United States can now happen only on the basis of the other justifications on the GDPR list (Hallinan et al, 2020) and with appropriate safeguards that are mostly regarded as complex processes.…”
Section: Data-related Governance Instrumentsmentioning
confidence: 99%
“…This list of justifications for cross-border transfer include adequacy decisions, bilateral or multilateral agreements, specific situations on the basis of consent, public interest, vital interest of the data subject and legitimate interests pursued by the controller not overridden by the interests or rights of the data subject. In the absence of the Privacy Shield or any other form of adequacy decision, data transfers from the EU to the United States can now happen only on the basis of the other justifications on the GDPR list (Hallinan et al, 2020) and with appropriate safeguards that are mostly regarded as complex processes.…”
Section: Data-related Governance Instrumentsmentioning
confidence: 99%