GDPR for life science follow the US’ data privacy step

GDPR for life science follow the US’ data privacy step

On 5th November 2019, two representatives from California (Silicon Valley, USA) proposed the implementation of an ‘American version’ of GDPR. This proposed law, known as the Online Privacy Act, would have the same goal as the General Data Protection Regulation (GDPR): the protection of citizens.

Universal Medica Group, through the concept we have developed ‘GDPR for life science’, ensures the management and protection of data, with special emphasis on patient data. Data processed within the pharmaceutical industry is sensitive data. GDPR for life science is our vigilant approach to achieving the strictest levels of compliance while handling this sensitive data.

An harmonisation on data privacy?

GDPR provides a standardization in how personal data is managed and protected. The proposed American law would bring about a two-fold standardization; firstly, in terms of the diverse people that would be protected (drivers, hospital patients etc.) – albeit still lacking in some domains – and secondly, in terms of assimilating the legislation at the federal level of the United States.

Key measures

This proposed American law, influenced by the GDPR, sets out the same key measures:
– Strengthening of rights (access, information etc.)
– Accountability of corporations using or collecting personal data
– Creation of an American ‘Data Protection Agency’ (DPA)
– Recognition of any damage resulting from the breach of data protection rights

The development of this legislation proposed by the two congresswoman Anna Eshoo and Zoe Lofgren would enable greater collaboration between Europe and the USA. Should this law come into effect, the USA would meet the requirements outlined by the European Data Protection Board and be recognized as a country with an adequate level of personal data protection. This would in turn help to create a formalized set-up for data sharing between the USA and Europe.

An US DPA : Data Privacy Agency

We should give special importance to the creation of an American Data Protection Agency. The GDPR would be held up as a referential framework for processing personal data and ensuring healthcare surveillance between Europe and USA.

Universal Medica Group, especially through our cooperation with partner Eversana, would benefit from this development. Through GDPR for life science, Universal Medica Group is at your disposal to help you understand and discuss the impact of the proposed law.

« We’re proud to introduce the Online Privacy Act to restore and protect the American people’s right to privacy. »
Anna Eshoo, representative of the 18th district of California at the Congress, proposing the Online Privacy Act

However, it must be remembered that the law is only a proposal at this moment in time. The law will be heavily debated, given the huge impact it would have not only for big corporations and social networks collecting and using data but also in how data is managed throughout the world. Indeed, the development of such personal data protection by both Europe and USA would help to bring about infrastructure at an international level for personal data protection.

For further information, we will be happy to answer any questions at +33(0)1 41 12 27 77.
 
Anne-Marie LIBERATORE
Data Protection Officer
Quality Assurance Manager
 
Nicolas NAVARRO
Lawyer

Links:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
US Press release, 5th november 2019, Zoe LOFGREN representative website
Online Privacy Act



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