In February 2021, the European Knowledge Safety Board (EDPB) printed two opinions on the European Fee draft Implementing Selections on the enough safety of private information in the UK.
The EDPB has since introduced that it has adopted its opinion on the draft adequacy resolution issued by the European Fee.
Though the EDPB opinion is just not binding, the adequacy resolution might be formally carried out if permitted by the EU member states.
WHY IT MATTERS
Adequacy selections are important in granting information flows between the EU and the UK, significantly within the post-Brexit atmosphere. The method permits the EU to resolve whether or not international locations exterior the bloc provide an enough degree of safety for the information of EU residents.
The EDPB ensures constant software of the GDPR, guaranteeing lawful and honest processing for respectable functions, information high quality and proportionality, information retention, safety and confidentiality, and transparency.
The chief abstract of the draft claims that the EDPB centered on the evaluation of the overall GDPR features of the draft resolution. It additionally appeared on the entry by public authorities to private information transferred from the EEA for the needs of legislation enforcement and nationwide safety, together with the authorized treatments obtainable to people within the EEA. The EDPB additionally assessed whether or not the safeguards supplied below the UK authorized framework are in place and efficient.
The choice states: “The EDPB’s key goal is to provide an opinion to the European Fee on the adequacy of the extent of safety afforded to people within the UK. You will need to recognise that the EDPB doesn’t count on the UK authorized framework to copy European information safety legislation.”
“Well being leaders will welcome this opinion. It offers the inexperienced gentle to UK information safety requirements, paving the way in which for uninterrupted sharing of related well being information between the EU and UK.
– Dr Layla McCay, director of coverage on the NHS Confederation
THE LARGER CONTEXT
In gentle of the digital well being transformation skilled in the course of the pandemic, European international locations have pushed for a European well being information area which requires interoperability on a European degree.
Just lately, former UK prime minister, David Cameron lobbied the NHS for entry to workers’s private information, weeks into the COVID-19 pandemic.
ON THE RECORD
Dr McCay defined: “Recognition of the adequacy of UK information safety requirements is instrumental in addressing well being threats resembling COVID-19 and the supply of cross-border well being and social care. Crucially, information adequacy additionally supplies the situations for UK and EU researchers to co-operate on medical trials and different well being analysis, and in flip, save and enhance lives.
“We hope the draft information adequacy resolution might be permitted, and that the NHS and European well being care techniques can proceed to profit from having entry to one another’s well being information the place wanted, as it is going to help the event of latest therapies and enhance affected person security and care. We urge the European Parliament to help the preliminary resolution and nationwide governments to approve the choice earlier than 30 June. Defending the free circulate of knowledge should be a prime precedence to safeguard healthcare, analysis, and above all, sufferers.”
Healthcare IT Information is a HIMSS Media publication.