Using NHS patient data for research without consent

Brown, Ian, Brown, Lindsey and Korff, Douwe (2010) Using NHS patient data for research without consent. Law, Innovation and Technology, 2 (2). pp. 219-258. ISSN 1757-9961

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Abstract / Description

This article analyses the legality of the use of electronic patient records in the NHS for research without explicit patient consent under UK and EU law, with particular reference to the adequacy of the information provided to patients and the increasing difficulties of achieving de-identification. In section II, we describe the main NHS databases used for medical research purposes in England and the transparency of this use, and the general problem of re-identification. In section III, we examine the English common law position of confidentiality in relation to the use of medical records for research. Section IV sets out the European data protection standards on such use of that data. In section V, we summarise our findings and assessments and set out our conclusions and recommendations.

Item Type: Article
Uncontrolled Keywords: Anonymisation, Privacy, Personally Identifiable Information
Subjects: 300 Social sciences > 340 Law
300 Social sciences > 360 Social problems & services; associations
Department: Guildhall School of Business and Law
Depositing User: Chiara Repetto
Date Deposited: 06 Dec 2023 12:46
Last Modified: 08 Dec 2023 15:01

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