Basu, S orcid.org/0000-0001-5863-854X and Guinchard, A (2020) Restoring Trust into the NHS: promoting data protection as an ‘architecture of custody’ for the sharing of data in direct care. International Journal of Law and Information Technology, 28 (3). pp. 243-272. ISSN 0967-0769
Abstract
Aiming to provide better, more personalized care, by harnessing the power of digitalization, the National Health Service (NHS) has employed a strategy of sharing its patients’ information with the private sector, raising questions as to whether it can be trusted as a custodian of its patients’ data. The development of the Streams application by DeepMind, a subsidiary of Google Health UK, illustrates the dichotomy between, on the one hand, the need to use innovative technologies to provide effective direct care and, on the other hand, the obligation to protect patients’ rights and interests in their health data. This article focuses on an under-explored aspect of the Streams debate: the NHS’s processing of health data in direct care. It argues that the data protection framework is best viewed as an architecture of custody, where all participants in the framework have a custodial role to play and should collaborate to ensure the balance between the free flow of data and the data subjects’ rights and interests.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) (2020). Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com.. This is an author produced version of an article published in International Journal of Law and Information Technology. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | data protection, GDPR, privacy, NHS, DeepMind, Streams |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 18 Jun 2020 10:36 |
Last Modified: | 20 Aug 2022 00:13 |
Status: | Published |
Publisher: | Oxford University Press (OUP) |
Identification Number: | 10.1093/ijlit/eaaa014 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:162002 |