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

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

Author(s): MAGDALENA JURCZUK, Maria Suprunowicz
Subject(s): Public Law, Health and medicine and law
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: GDPR; HIPAA; Privacy Rule; consent; authorization; healthcare data; data privacy;

Summary/Abstract: The purpose of this paper is to conduct a general comparisonof legal requirements regarding consent under the Health Insurance Por-tability and Accountability Act (HIPAA) and the General Data ProtectionRegulation (GDPR). Both regulations aim to protect health data as a specialcategory of personal data, highlighting the importance of obtaining explicitconsent or authorization from the data owner before processing or disclos-ing the information. The article explores the distinct approaches of HIPAAand the GDPR in defining consent and authorization, the requirements forwithdrawal or revocation of consent, and the form and language of consent.It also examines the scope of application and the impact on healthcare opera-tions, emphasizing the need for informed and transparent consent practicesunder both regulations. Furthermore, it examines the differences in the regu-latory scopes and the specific measures each framework takes to safeguardpersonal health information.

  • Issue Year: 2024
  • Issue No: 16
  • Page Range: 173-194
  • Page Count: 22
  • Language: English
Toggle Accessibility Mode