EU-US data transfers: an enduring challenge for health research collaborations

Area of Science:

• Health data governance
• International data transfer regulations
• Public health research

Background:

• EU-US data transfers for health research are complex due to the EU General Data Protection Regulation (GDPR) and US surveillance laws.
• Collaborations, especially with US public institutions, are increasingly hindered since GDPR's implementation.
• The recent EU-US adequacy decision (July 2023) may not provide a stable, long-term solution, risking invalidation by the EU Court of Justice.

Purpose of the Study:

• To critically analyze the current challenges in EU-US data transfers for health research.
• To explore potential solutions for facilitating data sharing between public bodies.
• To assess the implications of the proposed European Health Data Space regulation.

Main Methods:

• Critical review of existing EU and US data protection regulations.
• Analysis of legal challenges and court rulings concerning data transfers.
• Examination of the proposed European Health Data Space framework.

Main Results:

• Stringent GDPR rules and US surveillance programs create significant barriers to EU-US health data sharing.
• Existing adequacy decisions are vulnerable to legal challenges, impacting long-term data transfer stability.
• The European Health Data Space presents a potential pathway to address current transfer limitations.

Conclusions:

• Current EU-US data transfer mechanisms are insufficient for robust health research collaboration.
• A sustainable solution requires addressing both privacy regulations and surveillance concerns.
• The European Health Data Space warrants further investigation as a framework for secure international health data exchange.