Guest user Created: Jul 23, 2018 Last commented: Jul 23, 2018

Vital interests and public interest

I'm currently planing an AI based Start-Up in the healthcare space that is supposed to develop innovative diagnostic tools for better treatments. I'm struggling to grasp, if my clinical Partner (that is supposed to contribute the patient data) and the Start-up are GDPR compliant and can process the data needed for the product. I'd argue on article 6 (1) d) and/or e) + article 9 (2) c) and/or h) since the start-up in its core aims at the production of a medical product that is supposed to improve medical treatment in its branch. However, I'm quite unsure about that and I'd be very happy if you could give me your expert opinion on that issue.

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Andrei Hanganu Jul 23, 2018

Answer:

Vital interests and public interest don`t think they fit best as lawful basis for processing. Vital interest is can be used when the processing is necessary in order to protect the vital interests of the individual or of another natural person. This is typically limited to processing needed for medical emergencies and not sure this applies in your case.

Public interest can be used when he processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Those functions must arise under Member State or EU law and again this is most likely not your case.

The two legal basis above are quite limitative to be used and only if the life of the data subject is being threatened and I am not sure a software falls into that category.

Usually in your case the preferred legal basis would be either consent which needs to be explicit or contract obligation if the patient enters into a clinical trial contract with the Partner.

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Jul 23, 2018

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