Health data processing in the context of telemedicine: an overview between Brazil and the European Union post pandemic COVID-19
- Issue date
Oficyna Wydawnicza AFM
Studia Prawnicze. Rozprawy i materiały 2021, nr 2, s. 55-64.
The use of telemedicine had notably been developed in Brazil after the beginning of the public emergency period caused by the pandemic of COVID-19. With the new data protection law in force in Brazil, which is similar to the GDPR, health data are in the spotlight. The purpose of this article is to exam what measures Brazil has adopted to guarantee the data protection for health data in view of this scenario, taking the EU as a perspective for comparison reasons. For the Brazilian analysis, not only the formal legislation was considered, but also the guidance of the Federal Council of Medicine, which is the competent authority to supervise and issue orders on the development of medicine in Brazil, including the telemedicine. The comparison with the EU was chosen due to the similar data protection regulation, since the LGPD presents similar provisions and regulations to those established in the GDPR, and because the European Commission has issued a study on February 11, 2021, assessing the implementation of the GDPR and the domestic regulations for health data in each of the EU countries. This article has found out Brazilian regulation still presents flaws and points for clarification, which are fundamental to guarantee the necessary legal security in operations.
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