TY - JOUR
T1 - Our data? An examination of the possible role of individual consent in the regulation of posthumous medical data donation (PMDD)
AU - Pearce, Henry
N1 - 12 month embargo - Elsevier
PY - 2022/7/1
Y1 - 2022/7/1
N2 - This article considers the regulation of posthumous medical data donation (PMDD) and examines the extent to which the law should require the opt-in ante-mortem consent of deceased persons for their medical data to be retained and used as part of PMDD initiatives. The article considers arguments on either side of this debate (i.e., pro-consent vs. anti- consent) before tentatively suggesting that, as a general matter, opt-in consent should not be required for medical data of deceased persons to be used for PMDD purposes. It is also proposed, however, that whilst opt-in consent should not be required by law, individuals should be provided with a qualified right through which they can object or “opt out” of their medical data being used in this way.
AB - This article considers the regulation of posthumous medical data donation (PMDD) and examines the extent to which the law should require the opt-in ante-mortem consent of deceased persons for their medical data to be retained and used as part of PMDD initiatives. The article considers arguments on either side of this debate (i.e., pro-consent vs. anti- consent) before tentatively suggesting that, as a general matter, opt-in consent should not be required for medical data of deceased persons to be used for PMDD purposes. It is also proposed, however, that whilst opt-in consent should not be required by law, individuals should be provided with a qualified right through which they can object or “opt out” of their medical data being used in this way.
U2 - 10.1016/j.clsr.2022.105663
DO - 10.1016/j.clsr.2022.105663
M3 - Article
SN - 0267-3649
VL - 45
JO - Computer Law & Security Review
JF - Computer Law & Security Review
M1 - 105663
ER -