Unlocking the Potential of Binding Corporate Rules (BCRs) in Health Data Transfers

Fuente: arXiv
Saved in:
Bibliographic Details
Main Authors: Compagnucci, Marcelo Corrales, Fenwick, Mark, Haapio, Helena
Format: Preprint
Published: 2024
Subjects:
Online Access:
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1866910548267892736
author Compagnucci, Marcelo Corrales
Fenwick, Mark
Haapio, Helena
author_facet Compagnucci, Marcelo Corrales
Fenwick, Mark
Haapio, Helena
contents This chapter explores the essential role of Binding Corporate Rules (BCRs) in managing and facilitating secure health data transfers within corporate groups under the EU General Data Protection Regulation (GDPR). BCRs are tailored to ensure compliance with the GDPR and similar international data protection laws, presenting a flexible mechanism for transferring sensitive health and genomic data. The chapter situates BCRs within the broader spectrum of the GDPR international data transfer mechanisms, addressing the unique challenges posed by the sensitive nature of health data and the increased adoption of AI technologies. The European Data Protection Board (EDPB) Recommendations 1/2022 on BCRs, issued following the Schrems II decision, are critically analyzed, highlighting their stringent requirements and the need for a balanced approach that prioritizes data protection and an AI governance framework. The chapter outlines the BCR approval process, stressing the importance of streamlining this process to encourage broader adoption. It underscores the necessity of a multidisciplinary approach in developing BCRs, incorporating recently adopted international standards and frameworks, which offer valuable guidance for organizations to build trustworthy AI management systems. They guarantee the ethical development, deployment, and operation of AI, which is essential for its successful integration and the broader digital transformation. In conclusion, BCRs are positioned as essential tools for secure health data management, fostering transparency, accountability, and collaboration across international borders. The chapter calls for proactive measures to incentivize BCR adoption, streamline approval processes, and promote more innovative approaches, ensuring BCRs remain a robust mechanism for global data protection and compliance.
format Preprint
id arxiv_https___arxiv_org_abs_2407_21281
institution arXiv
publishDate 2024
record_format arxiv
spellingShingle Unlocking the Potential of Binding Corporate Rules (BCRs) in Health Data Transfers
Compagnucci, Marcelo Corrales
Fenwick, Mark
Haapio, Helena
Computers and Society
Artificial Intelligence
This chapter explores the essential role of Binding Corporate Rules (BCRs) in managing and facilitating secure health data transfers within corporate groups under the EU General Data Protection Regulation (GDPR). BCRs are tailored to ensure compliance with the GDPR and similar international data protection laws, presenting a flexible mechanism for transferring sensitive health and genomic data. The chapter situates BCRs within the broader spectrum of the GDPR international data transfer mechanisms, addressing the unique challenges posed by the sensitive nature of health data and the increased adoption of AI technologies. The European Data Protection Board (EDPB) Recommendations 1/2022 on BCRs, issued following the Schrems II decision, are critically analyzed, highlighting their stringent requirements and the need for a balanced approach that prioritizes data protection and an AI governance framework. The chapter outlines the BCR approval process, stressing the importance of streamlining this process to encourage broader adoption. It underscores the necessity of a multidisciplinary approach in developing BCRs, incorporating recently adopted international standards and frameworks, which offer valuable guidance for organizations to build trustworthy AI management systems. They guarantee the ethical development, deployment, and operation of AI, which is essential for its successful integration and the broader digital transformation. In conclusion, BCRs are positioned as essential tools for secure health data management, fostering transparency, accountability, and collaboration across international borders. The chapter calls for proactive measures to incentivize BCR adoption, streamline approval processes, and promote more innovative approaches, ensuring BCRs remain a robust mechanism for global data protection and compliance.
title Unlocking the Potential of Binding Corporate Rules (BCRs) in Health Data Transfers
topic Computers and Society
Artificial Intelligence
url https://arxiv.org/abs/2407.21281