L. Abdulrauf, B. L. Llb, Adaji, B. L. Llb, PhD H Ojibara
{"title":"Clarifying the legal requirement for cross-border sharing of health data in POPIA: Recommendations on the draft Code of Conduct for Research","authors":"L. Abdulrauf, B. L. Llb, Adaji, B. L. Llb, PhD H Ojibara","doi":"10.7196/sajbl.2024.v17i1.1969","DOIUrl":null,"url":null,"abstract":"\n\n\n\nThe draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by:\n\n\nExplaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research\n\n\nClarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives\n\n\nExpanding on the interpretation and application of consent as a legal mechanism for cross-border transfers\n\n\nExpanding the category of persons who may be recipients of personal information in a third country\n\n\n\n\n\n","PeriodicalId":43498,"journal":{"name":"South African Journal of Bioethics and Law","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2024-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"South African Journal of Bioethics and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.7196/sajbl.2024.v17i1.1969","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"MEDICAL ETHICS","Score":null,"Total":0}
引用次数: 0
Abstract
The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by:
Explaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research
Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives
Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers
Expanding the category of persons who may be recipients of personal information in a third country