An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act
Six years after the Icelandic Health Sector Database Act came into force, the Supreme Court of Iceland as court of appeal was asked to give a judgement on the constitutionality of the Act. The appellant had unsuccessfully applied to the Director General of Public Health to prevent the transfer of he...
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University of Edinburgh
2004
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ftdoajarticles:oai:doaj.org/article:5ef592263a9a446cbc318a6f2db64f98 2023-05-15T16:50:10+02:00 An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act Renate Gertz 2004-06-01T00:00:00Z https://doaj.org/article/5ef592263a9a446cbc318a6f2db64f98 EN ES FR eng spa fre University of Edinburgh http://www.law.ed.ac.uk/ahrb/script-ed/issue2/iceland.asp https://doaj.org/toc/1744-2567 1744-2567 https://doaj.org/article/5ef592263a9a446cbc318a6f2db64f98 SCRIPTed: A Journal of Law, Technology & Society, Vol 1, Iss 2, Pp 241-258 (2004) Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 article 2004 ftdoajarticles 2022-12-31T06:23:41Z Six years after the Icelandic Health Sector Database Act came into force, the Supreme Court of Iceland as court of appeal was asked to give a judgement on the constitutionality of the Act. The appellant had unsuccessfully applied to the Director General of Public Health to prevent the transfer of her deceased fathers medical records to the Health Sector Database. The court of first instance, the Reykjavik District Court, dismissed the case for lack of legal standing. The Icelandic Supreme Court decided that the appellant had legal standing due to the fact that from the data related to hereditary characteristics of her father information about the plaintiff herself could be inferred. The Icelandic Supreme Court further discussed privacy and data protection issues with regard to the Health Sector Database, coming to the conclusion that the one-way encryption system was a sufficiently safe mechanism for data protection, but that due to the richness of data to be entered into the Health Sector Database, individuals could be identifiable. Article in Journal/Newspaper Iceland Directory of Open Access Journals: DOAJ Articles |
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Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English Spanish French |
topic |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
spellingShingle |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Renate Gertz An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
topic_facet |
Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
description |
Six years after the Icelandic Health Sector Database Act came into force, the Supreme Court of Iceland as court of appeal was asked to give a judgement on the constitutionality of the Act. The appellant had unsuccessfully applied to the Director General of Public Health to prevent the transfer of her deceased fathers medical records to the Health Sector Database. The court of first instance, the Reykjavik District Court, dismissed the case for lack of legal standing. The Icelandic Supreme Court decided that the appellant had legal standing due to the fact that from the data related to hereditary characteristics of her father information about the plaintiff herself could be inferred. The Icelandic Supreme Court further discussed privacy and data protection issues with regard to the Health Sector Database, coming to the conclusion that the one-way encryption system was a sufficiently safe mechanism for data protection, but that due to the richness of data to be entered into the Health Sector Database, individuals could be identifiable. |
format |
Article in Journal/Newspaper |
author |
Renate Gertz |
author_facet |
Renate Gertz |
author_sort |
Renate Gertz |
title |
An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
title_short |
An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
title_full |
An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
title_fullStr |
An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
title_full_unstemmed |
An analysis of the Icelandic Supreme Court judgement on the Health Sector Database Act |
title_sort |
analysis of the icelandic supreme court judgement on the health sector database act |
publisher |
University of Edinburgh |
publishDate |
2004 |
url |
https://doaj.org/article/5ef592263a9a446cbc318a6f2db64f98 |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
SCRIPTed: A Journal of Law, Technology & Society, Vol 1, Iss 2, Pp 241-258 (2004) |
op_relation |
http://www.law.ed.ac.uk/ahrb/script-ed/issue2/iceland.asp https://doaj.org/toc/1744-2567 1744-2567 https://doaj.org/article/5ef592263a9a446cbc318a6f2db64f98 |
_version_ |
1766040344682561536 |