Is A Data Sharing Agreement Legally Binding

An obvious point, but sharing special categories creates more risk. Many of the major fines we collected by supervisory authorities under the old regime are due to data protection violations containing medical data and other types of sensitive data. The MEKong Basin Disease Surveillance (MBDS) network was established in Southeast Asia in 2001 to improve cross-border outbreak investigations, non-response to public health, and communications using surveillance data exchange protocols. The MBDS, which began in response to a serious cross-border cholera outbreak, now relies on multilateral agreements between six regional governments: Cambodia, China (Yunnan and Guangxi), Laos, Myanmar, Thailand and Vietnam. The initiative began on the ground, with the support of the Rockefeller Foundation as well as several development agencies and the United Nations. There are 4 common types of sharing that can be initiated by a controller. Legal issues relevant to data sharing are not necessarily barriers to sharing. However, there is no enforcement mechanism to ensure compliance. Another relevant area is international human rights law, which contains a well-established approach to balancing respect for individual rights with other important interests. For example, the International Covenant on Civil and Political Rights requires States to respect the right to privacy, but recognizes that, for reasons of public health, States may waive the right to privacy. The cross-border transfer of public health surveillance data has legal implications where the type of data shared is protected by national or international law. For example, disaggregated data containing confidential or personal information. Aggregated and anonymized data is subject to less legal restrictions, provided that the data is anonymized to acceptable standards….