Smart Healthcare and Data Protection: A Discussion between Administrative Sanction and Penalty
Big data analyses serve as the foundation for establishing smart healthcare. However, legal collection and use of patients’ personal information have become the prerequisites for the ongoing development of smart healthcare and other related industries. EU’s General Data Protection Regulation (GDPR) took effect in August 2018. Since then, the residents within the EU territory have been able to exercise their rights by referring to the GDPR, which undoubtedly imposes effects on the whole world. Under the structure of the GDPR, the UK has stipulated that the illegal behavior violating against the law for protecting personal information will receive criminal punishment. This regulation characterizes individuals’ autonomy over their personal information with legal interests. Hence, the aforesaid shift brings challenges to criminal punishment that features the principle of restraint. Being in the era dominated by big data, it seems that more discussions and debates should be made over the concession and adaptation in terms of the principle of restraint that applies to criminal punishment.