International Transfers of Health Data

In an age of digital globalization, navigating the complex landscape of international health data transfers presents significant challenges. This anthology delves into the intricate matrix of regulations, policies, and technologies that govern the transnational flow of health data and provides a comprehensive analysis of the legal frameworks across multiple jurisdictions.

This volume sheds light on a range of topics, spanning the multifaceted data transfer mechanisms anchored in the General Data Protection Regulation to the landmark Schrems II court decision that resulted in the invalidation of the Privacy Shield, giving rise to the new Standard Contractual Clauses and the EU-US Data Privacy Framework. These seminal events triggered reforms not just in Europe and the US but have had far-reaching effects on global policy frameworks.

In light of these developments, the book explores the contemporary regulatory shift spanning countries from the Global North and Global South. This comprehensive exploration encompasses a diverse array of nations, from the European Union, United Kingdom, United States, Japan, South Korea and Taiwan, to China, Australia, Nigeria, Colombia and India. With insights from leading experts and enriched by global case studies, this collection offers a holistic view of the evolving dynamics in international health data transfers. The book provides an indispensable resource for policymakers, legal scholars, healthcare professionals, and technology enthusiasts traversing the intersection of law, ethics, and global health data in the 21st century.

Marcelo Corrales Compagnucci is Associate Professor and Associate Director at the Center for Advanced Studies in Bioscience Innovation Law (CeBIL), Faculty of Law, University of Copenhagen in Denmark. He is also Inter-CeBIL Research Affiliate at the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. He specializes in information technology, privacy and data protection law. His research interests are the legal issues involved in disruptive innovation technologies and biomedicine. His past activities have included working as a consultant and lawyer for law firms and IT companies. He was also a research associate with the Institute for Legal Informatics (IRI) at Leibniz Universität Hannover in Germany, and a visiting research fellow in various research centers around the world, including Harvard Law School, Cambridge University, the Max Planck Institute, University of Edinburgh, Turin University, and the Academia Sinica in Taiwan. He has a Doctor of Laws (LL.D.) degree from Kyushu University in Japan. He also holds a Master of Laws (LL.M.) in international economics and business law from Kyushu University, and an LL.M. in law and information technology and an LL.M. in European intellectual property law, both from the University of Stockholm in Sweden. He has several publications in the field of IT Law. His most recent book collections co-edited with various authors include AI in eHealth: Human Autonomy, Data Governance and Privacy in Healthcare (Cambridge University Press, 2022), Smart Contracts: Technological, Business and Legal Perspectives (Hart Publishing, 2021); Legal Design: Integrating Business, Design and Legal Thinking with Technology (Edward Elgar Publishing, 2021).

Mark Fenwick is Professor of International Business Law at the Faculty of Law, Kyushu University, Fukuoka, Japan. His primary research interests are in the fields of business regulation in a networked age, and white-collar and corporate crime. Recent publications include New Technology, Big Data & the Law (Springer, 2017: co-edited with M. Corrales Compagnucci and N. Forgó), Robotics, AI and the Future of Law (Springer, 2018: co-edited with M. Corrales Compagnucci and N. Forgó), Smart Contracts: Business, Legal & Technological Perspectives (Hart/Bloomsbury, 2021: co-edited with M. Corrales Compagnucci and S. Wrbka), Organizing-for-Innovation: Corporate Governance in a Digital Age (Springer, 2023: co-authored with E.P.M. Vermeulen and T. Kono), and The Law & Ethics of Data-Sharing (Springer, 2024; co-edited with M. Corrales Compagnucci, T. Minssen, M. Aboy, and K. Liddell). He has a master’s and Ph.D. from the Faculty of Law, University of Cambridge (Queens’ College) and has been a visiting professor at Cambridge University, Chulalongkorn University, Duke University, the University of Hong Kong, Shanghai University of Finance & Economics, the National University of Singapore, Tilburg University and Vietnam National University. He has also conducted research for the EU, OECD and the World Bank and is a contributor to the International Corporate Governance Network Yearbook.