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Laws, Volume 9, Issue 1

2020 March - 9 articles

Cover Story: The United Kingdom’s Data Protection Act 2018 introduces a public interest test applicable to the research processing of personal health data. The new test must distinguish between instances of health research that are in the public interest and those that are not, in a meaningful, predictable and reproducible manner. We derive from public interest theories, a concept of public interest capable of doing this. It defends there being a legal route through to processing personal health data for research purposes without individual consent but simultaneously requires all practicable steps to maximise individual control. The test we propose may work to promote the social legitimacy of data protection legislation and the research processing that it authorises without individual consent (and occasionally despite explicit objection). View this paper.
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Laws - ISSN 2075-471X
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