Consent in Data Privacy: A General Comparison of GDPR and HIPAA

The purpose of this paper is to conduct a general comparisonof legal requirements regarding consent under the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR). Both regulations aim to protect health data as a special category of personal...

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Bibliographic Details
Main Authors: Magdalena Jurczuk, Maria Suprunowicz
Format: Article
Language:English
Published: Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań 2024-12-01
Series:Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
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Online Access:https://pressto.amu.edu.pl/index.php/ppuam/article/view/46931
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Summary:The purpose of this paper is to conduct a general comparisonof legal requirements regarding consent under the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR). Both regulations aim to protect health data as a special category of personal data, highlighting the importance of obtaining explicitconsent or authorization from the data owner before processing or disclosing the information. The article explores the distinct approaches of HIPAA and the GDPR in defining consent and authorization, the requirements for withdrawal or revocation of consent, and the form and language of consent. It also examines the scope of application and the impact on healthcare operations, emphasizing the need for informed and transparent consent practices under both regulations. Furthermore, it examines the differences in the regulatory scopes and the specific measures each framework takes to safeguard personal health information.
ISSN:2083-9782
2450-0976