Chapter 5. Health and Big Data: the emergence of an infrastructure law in the digital space

Abstract

In the field of health, IoT devices, mobile apps, and online communities generate an enormous amount of data. However, health data benefit from a precise legal definition and protection as sensitive data, whereas well-being data have no specific legal regime. Since those data may contribute to identify individuals’ health status, there are potential breaches to confidentiality and privacy. Recent European cases (ECHR and ECJ) reaffirms citizens’ fundamental rights to privacy and family life, and to an effective remedy. Such decisions contribute to mitigate the misuse of big data broadly speacking, inclunding in the health sector.