Protecting Data Generated in Medical Research: Aspects of Data Protection and Intellectual Property Rights

Iryna Lishchuk, Marc Stauch
This paper investigates legal approaches towards protecting the data generated in medical research. One of the core features of the rules for the processing and sharing of data generated in medical research is their complexity. Thus, data containing personally identifiable information would qualify as personal data and the processing of such data would be subject to the law on data protection. Equally, the generation of data in the course of medical research may involve considerable investment
more » ... r effort and have an economic or scientific value for the researcher or right holder, including through use in publications, and may well be considered as Intellectual Property (IP). Contractual approaches may also define the rules how the data may be used and shared.