TY - CHAP
T1 - Legal Issues When Transferring Health Data Between the EEA and Australia
AU - Svantesson, Dan Jerker B
AU - Beate Bentzen, Heidi
N1 - Publisher Copyright:
© The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2024.
PY - 2025/2/4
Y1 - 2025/2/4
N2 - Taking account of both the laws extraterritorial application (in particular GDPR, Art. 3 and the Privacy Act 1988 (Cth) s. 5B), and the rules on transborder data transfers (in particular GDPR Chap. 5 and the Privacy Act 1988 (Cth) APP 8), this chapter considers and compares how the laws of the European Economic Area (EEA) and Australia regulates the transfer of health data between the EEA and Australia. There has already been a considerable degree of focus on the difficulties of transferring health data from the EEA to the US. But what is the situation when such data are transferred between the EEA and Australia? Using the difficulties associated with EEA-US data transfers as a comparison, do health transfers to Australia face the same obstacles as transfers to the US? And what restrictions, if any, does Australia impose on transfers to the EEA? We identify obstacles to data transfers between the EEA and Australia, both in EU and Australian law.
AB - Taking account of both the laws extraterritorial application (in particular GDPR, Art. 3 and the Privacy Act 1988 (Cth) s. 5B), and the rules on transborder data transfers (in particular GDPR Chap. 5 and the Privacy Act 1988 (Cth) APP 8), this chapter considers and compares how the laws of the European Economic Area (EEA) and Australia regulates the transfer of health data between the EEA and Australia. There has already been a considerable degree of focus on the difficulties of transferring health data from the EEA to the US. But what is the situation when such data are transferred between the EEA and Australia? Using the difficulties associated with EEA-US data transfers as a comparison, do health transfers to Australia face the same obstacles as transfers to the US? And what restrictions, if any, does Australia impose on transfers to the EEA? We identify obstacles to data transfers between the EEA and Australia, both in EU and Australian law.
UR - http://www.scopus.com/inward/record.url?scp=85218716285&partnerID=8YFLogxK
U2 - 10.1007/978-981-97-9983-1_5
DO - 10.1007/978-981-97-9983-1_5
M3 - Chapter
SN - 9789819799824
T3 - Perspectives in Law, Business and Innovation
SP - 81
EP - 100
BT - International Transfers of Health Data: A Global Perspective
A2 - Compagnucci, Marcelo Corrales
A2 - Fenwick, Mark
PB - Springer
ER -