THE PROTECTION OF SENSITIVE PERSONAL DATA AND PRIVACY IN THE US AND EU WITH A FOCUS ON HEALTH DATA CIRCULATING THROUGH HEALTH APPS

Abstract

In today’s modern world, we have more than one global actor leading the economy and rapid technological development. The article focuses specifically on the right to sensitive data protection, or more broadly the right to privacy, in American and in EU legal system. This paper shows distinctions between the two and systematically demonstrates the protection of personal data in EU through years. Exploring these distinctions and different interpretations of the right to data protection is significant, because of the potential impacts on the consumer in particular, possibly resulting in being granted different rights when acquiring services in the EU or America.

We will also analyse the fundamental legal acts, which are the cornerstones of data privacy. As its main focus, the article will also examine the provisions concerning sensitive personal data, in particular health data. Furthermore, the article will study some specific concerns in connection to the American smart phone, smartwatch and computer health apps that are not fully compliant with basic EU legal principles, human rights or the General Data Protection Regulation. While the technology is so advanced and users may access these apps from anywhere across the world, such apps, and their privacy policies or other typical contracts, should comply with the relevant legislation, valid in the state of user’s nationality or remaining. The paper examines and substantiates the latter through two recent cases. In one, data breaches were punished by imposing a relatively high fine, and in the other case example, no punitive action was yet taken. That being said, the article argues the insufficient data protection framework that does not necessarily provide a consumer with appropriate safeguards, which is especially relevant in cases of transmission of personal health data.