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Legal Issues in Regulating Observational Studies:

The impact of the GDPR on Italian Biomedical Research

DOI https://doi.org/10.21552/edpl/2019/2/9

Paola Aurucci


This article aims to show the legal challenges rising from the use, reuse, linkage and analysis of sensitive data in observational studies. In order to spell out these challenges and a possible way of meeting them, the first section takes into account the distinctive nature of retrospective observational studies and Big Data anal. The second section shows how the General Data Protection Regulation faces the challenge of maximising the opportunities arising from these studies while protecting the privacy of individual patients through research exemptions. The last section focuses on the Italian data protection regime to show why delegation of powers back to the national legal systems of the Member States entails a number of critical drawbacks, like hampering the progress of medical research.
Keywords: GDPR, Data Protection, Medical Research, Sensitive Data

Paola Aurucci, Department of Management, University of Turin, Italy. For correspondence: <mailto:paola.aurucci@unito.it>.

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