The privacy issues for health care data is always been an issue. Can we collect the health care data with the consent of the person?
To create an app that collects health data to build a health data set to help the researcher to get more credible data. Does it have any legalization problem?
When you talk about legalization, the first question of course is which legal basis you are starting from. Different countries have different laws, and they may not all lead to the same answer to this question.
I will answer from the point of view of the European GDPR.
If you have proper consent, then this will be a legal basis for the collection of personal data including health care data. However, remember that there are a couple of requirements for valid consent: it must be "freely given, specific, informed and unambigous" (Art. 4 item 11 GDPR), which in the context of health care will often turn out to be a challenge. By the way, "freely given" also implies that it must be possible to withdraw this consent. And "specific" and "informed" imply that you have to tell the patient in advance what you are going to use the data for, and the consent only applies to this purpose.
Apart from that, in an emergency of course you cannot ask for consent before you start treating the patient, so in such a case the protection of vital interests will be the adequate basis. And in other cases, it will often be better to base the processing of data on a contract, which is again a different legal basis. In these cases, you will have to inform the patient about your processing of his data, but this is quite different from asking for consent.
It is a difficult one. Health care data issue is personal. To what extent can the consent of the patient protect the data collector if the data is made public? The data of a patient cannot be made public, such data is between the health care provider and the patient.
I agree with whats being said. Depends on location and then the company collecting data. For example, in Europe, GDPR Art 6 requires a legal basis for processing which might be “public interest” for a healthcare provider. Then a second legal basis is needed under Art 9 for health data - this might be “explicit consent” of the data subject. A sample answer, but not a simple one.
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