Resumen

ABDULRAUF, L; ADAJI, A  y  OJIBARA, H. Clarifying the legal requirement for cross-border sharing of health data in POPIA: Recommendations on the draft Code of Conduct for Research. SAJBL [online]. 2024, vol.17, n.1, pp.44-48. ISSN 1999-7639.  http://dx.doi.org/10.7196/SAJBL.2024.v17i1.1696.

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of 'transfer of information', the application of adequacy as a legal mechanism for transfer, the nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: • Explaining or defining the concept of 'transfer of information' and when it applies to cross-border sharing in research • Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives • Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers • Expanding the category of persons who may be recipients of personal information in a third country

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