Legal basis for the processing of health data fail to meet the needs of scientific research.Taking scientific re-search as a legal basis for the processing of health data is a requirement for states to promote the freedom of scientific research and the right to health.And it can be justified by an interpretation of"public interest".The subject of scien-tific research should be affiliated with a legal entity,unincorporated organization,administrative body,or other institu-tion whose purpose includes scientific research.Access to health data should be facilitated through health data coordi-nating bodies.When processing health data for scientific research,different rules should apply depending on the level of commercialization of the research.In principle,health data should be de-identified,and identifiers relevant to scien-tific research may be retained upon request.The amount,duration,and utilization of health data for scientific research must be minimized.Principles of risk-return balance and transparency should be adhered to.Finally,scientific re-search on health data can only be carried out if the data subject has not explicitly objected.When scientific research in-tersects with other legal basis,scientific research should take precedence as a unique circumstance.
health datascientific researchbasis of legitimacyrules
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