Iglezakis, Trokanas and Kiortsi, ‘The Right Not to Be Subject to Automated Individual Decision-Making/Profiling Concerning Big Health Data. Developing an Algorithmic Culture’

ABSTRACT
Τhis paper explores the legal issues that arise from the collection and processing of Big Health Data in the light of the EU legislation on Data Protection, placing particular emphasis on the General Data Protection Regulation. Whether Big Health Data can be characterised as ‘personal data’ or not is really the crux of the matter. The legal ambiguity is compounded by the fact that, even though the processing of Big Health Data is premised on the de-identification of the data subject, the possibility of a combination of Big Health Data with other data circulating freely on the web or from other data files cannot be excluded. Moreover, data subject’s rights, eg, the right not to be subject to a decision based solely on automated processing, are heavily impacted by the use of AI, algorithms and technologies that reclaim health data for further use, resulting in sometimes ambiguous results that have substantial impact on individuals. On the other hand, as the COVID-19 pandemic has revealed, Big Data analytics can offer crucial source of information. In this respect, this paper identifies and systematises the legal provisions concerned, offering interpretative solutions that tackle dangers concerning data subjects’ rights while embracing the opportunities that Big Health Data have to offer.

Iglezakis, Ioannis and Trokanas, Theodoros and Kiortsi, Panagiota, The Right Not to Be Subject to Automated Individual Decision-Making/Profiling Concerning Big Health Data. Developing an Algorithmic Culture (March 11, 2021).

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