mHealth and data protection – the letter and the spirit of consent legal requirements

Research output: Contribution to specialist/vulgarizing publicationArticleSpecialist

Abstract

In this article, the role of consent is discussed in the framework of fundamental rights and in the context of mobile health technologies (mHealth), such as smart phones, mobile phones or tablet/palm-held computing devices to provide healthcare. The authors surmise how, in practice, although there will be more emphasis on informed consent formally, there will be less space for genuine individual consent. This betrays a focus more on the letter of consent rules in data protection than their spirit. This risks reducing consent to a tick box operation in a manner analogous to consumer transactions, something manifestly unsuitable for consent, even if only in informational terms, during medical procedures.
Original languageEnglish
Specialist publicationInternational Review of Law, Computers & Technology
Publication statusPublished - 1 Jul 2014

Keywords

  • consent
  • data protection
  • mobile health technology (mhealth)

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