[Data infrastructures for health research : Ethical framework and legal implementation]

[健康研究数据基础设施:伦理框架与法律实施]

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Abstract

The role of data infrastructures for health research is not limited to acting as a service or interface for data exchange between data producers and data users. Rather, the infrastructure itself is an actor in the process of data sharing and therefore also bears responsibility for this process.This applies first of all to the lawfulness of personal data processing. If data processing is based on the consent of the data subject, the infrastructure must also ensure that all data processing is covered by this consent. If the data processing is based on a statutory basis, the infrastructure must ensure the highest possible level of data protection, in particular through technical and organizational measures. In addition, the infrastructure is also responsible for implementing the rights of data subjects, such as the right to information, rectification or erasure of data, and dealing with incidental or additional findings.The question of how researchers regard their involvement in infrastructure projects and how private companies should be involved in such projects must be based on the principle of public welfare. This is accompanied by the obligation of infrastructures to take into account the principles of participation, transparency, and scientific communication as far as possible. Observing all these ethical and legal aspects is especially important because only by doing so can the trust of all stakeholders be established and thus the central basis for the successful construction and operation of data infrastructures be provided.

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