Health equity and health data protection related to telemedicine amid the COVID-19 pandemic

Abstract

The correlation between health equity and health data protection in the area of telemedicine has been put into relief during the COVID-19 pandemic. Indeed, the right to health data protection is not only a personal right but also a human right. Health equity cannot be maintained without an adequately functioning system of health data protection in telemedicine, yet, in many countries, health equity remains a mere dream. The United States and the European Union are the flagships of both health equity and health data protection, with HIPAA (in the US) and the GDPR (in the EU); however, some gaps do exist, as demonstrated by the practice of telemedicine during the COVID-19 pandemic. While US and EU regulations on telemedicine do provide legal certainty, fighting the COVID-19 pandemic has created a new legal climate, with new priorities superseding health data protection, which had been paramount beforehand.