Centro de Documentação da PJ
Analítico de Periódico
CD 356
The protection of human biodata [Recurso eletrónico] : is there any role for data ownership? / Esra Demir
Computer Law & Security Review, Vol. 51 (November 2023), 14 p.
Ficheiro de 529 KB em formato PDF.
PROTECÇÃO DOS DADOS, PROCESSAMENTO DE DADOS, DADOS PESSOAIS, UNIÃO EUROPEIA
In the area of human biodata governance, one of the most pressing questions is how to address the tension between fostering innovation and protecting the fundamental rights and freedoms that arise from the development, deployment, and use of AI and data processing. On the one hand, data collected and stored in biobanks hold great promise, particularly for improving health care. However, the improper handling of these vast amounts of biodata also raises unresolved legal and ethical issues. This article aims to contribute to the debate on the protection of human biodata by examining the EU acquis on data ownership and questioning whether there is any role for data ownership. On the basis of de lege lata, this paper argues that there is no such ownership protection for human biodata, but there are some indications. On the basis of de lege feranda, through a doctrinal legal analysis, it argues that biodata should not be subject to general ownership rights without a specific justification demonstrating the need for ownership of data from an economic and social perspective.
