Abstract

Ethical and legal considerations with regards to biometric data usage are directly related to the right to protection of personal data, which is part of the rights protected under the European Convention of human rights. Specific protection is required to the process and use of sensitive data which reveals certain personal characteristic and is related to the health status of individuals. Biometric data and information on individual upon which people could be identified based on specifics and distinguishing signs. Bulgaria, as a country progressing in terms of integration of digital technologies and as a European Union member state has adopted international and universal legal instruments related on the procession and use of digital data and data protection. On legislative and ethical grounds, it has been established the particular importance of not violating human rights and individual freedoms when processing and using personal data. It has been noted that the processing of special categories of personal data may be necessary for reasons of public interest in the field of public health and that is why under such circumstances it has been permitted the procession to be carried on without the consent of the data subject. Lack of transparency and lawfulness of the processing of personal data could lead to physical, tangible, or intangible damages where processing could lead to discrimination, identity theft, or identity fraud as a result of which may be significant adverse economic or social consequences. Increasingly, widespread use of biometrics in the implementation of medical activities requires the application of a new approach in terms of awareness regarding existing risks to the rights, ethics, and freedoms of all of us, as a user of medical service.

Highlights

  • Human life has as its foundation the health of humans and that is the reason why health has to be effectively protected by solid actions all around the world

  • As part of the right to respect for private life, the European Convention on Human Rights proclaims the right to protection against collection and use of personal data

  • An important fundamental human right with regards to biometric data usage is the right of protection with regards to the processing of personal data

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Summary

INTRODUCTION

Human life has as its foundation the health of humans and that is the reason why health has to be effectively protected by solid actions all around the world. An important fundamental human right with regards to biometric data usage is the right of protection with regards to the processing of personal data Basic aspects of this right have been introduced in various international legal acts as the Charter of Fundamental Rights of the European Union (Article 8, paragraph 1), the Treaty on the Functioning of the European Union (Article 16 paragraph 1). The European Convention on Human Rights in its article 8 proclaims the right to personal data protection Through this mechanism the right to respect private life has been guaranteed, as well as the right to home and correspondence. At European Union Level, basic legal instrument related to protection of individuals with regards to the processing of personal data is Directive 95/46/EC. The legislation pays particular attention to specific categories of personal data and when it comes to processing of sensitive data such action could be established for health purposes when specific goals needs to be achieved for the benefit of the entire society or for the benefit of private individuals

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