Jurisdictional challenges related to DNA data processing in transnational clouds

Dan Jerker B Svantesson, Heidi Beate Bentzen

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

Genetic research has the potential to change how we diagnose, prevent and treat medical conditions, by making the diagnosis more precise and the prevention and treatment more personalized. However, such research cannot be carried without the collection , use and disclosure of sensitive data - our DNA. Furthermore, to be effective, such research currently depends on DNA data being shared across borders and processed in cloud computing arrangements. Thus, genetic research is global, but it is not regulated similarly across the world.
In this chapter, we examine the jurisdictional issues that arise in both private, and public, international law, where DNA data is stored or processed in transnational cloud computing arrangements. Further, the broad contours of a potential approach to dealing with those issues will commence with a brief discussion of what types of data we are dealing with here, what they are used for and the role cloud computing plays in the processing.
Original languageEnglish
Title of host publicationTrans-Atlantic Data Privacy Relations as a Challenge for Democracy
EditorsDan Jerker B. Svantesson, Dariusz Kloza
Place of PublicationCambridge
PublisherIntersentia Publishers
Pages241-262
Number of pages23
ISBN (Print)9781780684345
Publication statusPublished - May 2017

Publication series

NameEuropean Integration and Democracy Series
PublisherIntersentia
Volume4

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genetic research
international law

Cite this

Svantesson, D. J. B., & Beate Bentzen, H. (2017). Jurisdictional challenges related to DNA data processing in transnational clouds. In D. J. B. Svantesson, & D. Kloza (Eds.), Trans-Atlantic Data Privacy Relations as a Challenge for Democracy (pp. 241-262). (European Integration and Democracy Series ; Vol. 4). Cambridge: Intersentia Publishers.
Svantesson, Dan Jerker B ; Beate Bentzen, Heidi. / Jurisdictional challenges related to DNA data processing in transnational clouds. Trans-Atlantic Data Privacy Relations as a Challenge for Democracy. editor / Dan Jerker B. Svantesson ; Dariusz Kloza. Cambridge : Intersentia Publishers, 2017. pp. 241-262 (European Integration and Democracy Series ).
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Svantesson, DJB & Beate Bentzen, H 2017, Jurisdictional challenges related to DNA data processing in transnational clouds. in DJB Svantesson & D Kloza (eds), Trans-Atlantic Data Privacy Relations as a Challenge for Democracy. European Integration and Democracy Series , vol. 4, Intersentia Publishers, Cambridge, pp. 241-262.

Jurisdictional challenges related to DNA data processing in transnational clouds. / Svantesson, Dan Jerker B; Beate Bentzen, Heidi.

Trans-Atlantic Data Privacy Relations as a Challenge for Democracy. ed. / Dan Jerker B. Svantesson; Dariusz Kloza. Cambridge : Intersentia Publishers, 2017. p. 241-262 (European Integration and Democracy Series ; Vol. 4).

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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AB - Genetic research has the potential to change how we diagnose, prevent and treat medical conditions, by making the diagnosis more precise and the prevention and treatment more personalized. However, such research cannot be carried without the collection , use and disclosure of sensitive data - our DNA. Furthermore, to be effective, such research currently depends on DNA data being shared across borders and processed in cloud computing arrangements. Thus, genetic research is global, but it is not regulated similarly across the world. In this chapter, we examine the jurisdictional issues that arise in both private, and public, international law, where DNA data is stored or processed in transnational cloud computing arrangements. Further, the broad contours of a potential approach to dealing with those issues will commence with a brief discussion of what types of data we are dealing with here, what they are used for and the role cloud computing plays in the processing.

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Svantesson DJB, Beate Bentzen H. Jurisdictional challenges related to DNA data processing in transnational clouds. In Svantesson DJB, Kloza D, editors, Trans-Atlantic Data Privacy Relations as a Challenge for Democracy. Cambridge: Intersentia Publishers. 2017. p. 241-262. (European Integration and Democracy Series ).