Bridging Nordic Data
A legal overview: Possibilities and obstacles for secondary use of health data for innovation and development.
On assignment from Nordic Innovation, Deloitte Legal has carried out this legal overview of possibilities and obstacles for secondary use of health data for innovation and development.
This report seeks to identify and assess the most relevant legal obstacles likely to hinder innovation and development activities across the Nordic region, as well as to provide an overview of legal barriers that the Nordic region must address jointly. Furthermore, existing possibilities for utilization of health data for innovation and development are identified with the objective of facilitating the flow of data across the region.
In addition to being a thorough source of information for Nordic Innovation and our partners, we hope the report will encourage decision-makers, businesses and relevant actors in the health and welfare sector to take an active role in further exploring the possibilities for sharing and using health data in the Nordic region.
The consensus amongst market actors in the health sector is that health data is of great value for future research, innovation, and development. However, access to health data can be problematic.
The Nordic region is known for having a similar legislative framework, shared values, and a long tradition for governmental co-operation. Across the Nordic region, health data is regarded as sensitive of nature and it is protected by strict professional secrecy. Therefore, access by disregarding professional secrecy is dependent on a legal basis. The picture is further complicated as provisions disregarding professional secrecy not necessarily are considered a legal basis for subsequent processing of data under the GDPR.
Specific challenges must be addressed to facilitate innovation and development across the Nordic region:
The first and most significant action point is to explicitly address innovation and development in established legislation. This will contribute to a clearer picture of when access and processing are permitted for innovation and development purposes, as well as avoid the assessment of any differences between research and development, which up until now has been a source of inconvenience.
Subsequently, the establishment of centralized systems, standardized procedures, and both regulatory sandboxes and data sandboxes for health data will presumably contribute to increased and seamless transfers of health data across the Nordic region.
For further information regarding the work of Nordic Innovation, please visit their website here.
Bridging Nordic Data
A legal overview of possibilities and obstacles for secondary use of health data for innovation and development.Download the report here
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