Record linkage of population-based cohort data from minors with national register data: a scoping review and comparative legal analysis of four European countries

List of Authors

  1. Julia Nadine Doetsch ,  
  2. Vasco Dias ,  
  3. Marit S. Indredavik ,  
  4. Jarkko Reittu ,  
  5. Randi Kallar Devold
    ,  
  6. Raquel Teixeira
    ,  
  7. Eero Kajantie
    ,  
  8. Henrique Barros
Article Authors & roles Authors Peer review record Peer review Metrics
Cite

Abstract

Background: The GDPR was implemented to build an overarching framework for personal data protection across the European Union/Economic Area (EU/EEA). Linkage of data directly collected from cohort participants, potentially serving as a prominent tool for health research, must respect data protection rules and privacy rights of data subjects. Our objective was to investigate law possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states.

Methods: A legal comparative analysis and scoping review was conducted of openly online accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021.

Results: The GDPR does not ensure total uniformity in data protection legislation across member states offering flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Social and Health Data Permit Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment.

Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for health research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.

Corresponding author
Julia Nadine Doetsch
0000-0003-1388-9542
Grant information

This research was financially supported by the European Union’s Horizon 2020 research and innovation programme under the grant agreement No [733280] (Research on European children and adults born preterm [RECAP]). This study was also funded by FCT (Portuguese Ministry of Science, Technology and Higher Education), under the Unidade de Investigação em Epidemiologia—Instituto de Saúde Pública da Universidade do Porto (EPIUnit) (UIDB/04750/2020).

The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.

Copyright
© 2021 Julia Nadine Doetsch (Corresponding Author, Co-Author); Vasco Dias (Co-Author); Marit S. Indredavik (Co-Author); Jarkko Reittu (Co-Author); Randi Kallar Devold (Co-Author); Raquel Teixeira (Co-Author); Eero Kajantie (Co-Author); Henrique Barros (Co-Author) Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

First version published
Latest version published
Revised

Amendment

We included the feedback from the three reviewers. Minor changes were done to the text including the abstract, main text and tables. In the abstract, the wording was slightly adapted to meet reviewers’ comments (asking for clarity, minor changes to wording, and include why this type of data processing is of interest to this study).
Table were updated: in Table 1 the location of the information source was changed from Norway to Finland; in Table 3 the location of 1 law was changed from European to Portugal, Finnish laws were also provided in English (besides the Finnish ones), and the table headlines adapted per reviewer request). In the main text, the majority of changes done were related to wording, correction of typos, formulations, and clarification as per reviewer request.

Comments

Authors & roles

Julia Nadine Doetsch

EPIUnit, Instituto de Saúde Pública da, Universidade do Porto (ISPUP), Porto, 4050-600, Portugal

Laboratory for Integrative and Translational Research in Population Health (ITR), Porto, 4050-600, Portugal

Roles
Corresponding Author, Co-Author, Formal Analysis, Methodology, Visualization, Writing – Original Draft Preparation, Writing – Review & Editing
0000-0003-1388-9542

Vasco Dias

INESC TEC -Institute for Systems and Computer Engineering, Technology and Science, Campus da Faculdade de Engenharia da Universidade do Porto, Porto, 4050-091, Portugal

Roles
Co-Author, Methodology, Writing – Original Draft Preparation, Writing – Review & Editing
0000-0002-0223-9053

Marit S. Indredavik

Department of Clinical and Molecular Medicine, Faculty of Medicine and Health Sciences, NTNU – Norwegian University of Science and Technology, Trondheim, NO-7491, Norway

Roles
Co-Author, Methodology, Writing – Original Draft Preparation, Writing – Review & Editing
0000-0003-3860-5075

Jarkko Reittu

Finnish Institute for Health and Welfare, Legal Services, Helsinki, Finland

University of Helsinki, Faculty of Law, Helsinki, Finland

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing
0000-0002-6957-143X

Randi Kallar Devold

Faculty of Medicine and Health Sciences, NTNU – Norwegian University of Science and Technology, Trondheim, NO-7491, Norway

Roles
Co-Author, Writing – Original Draft Preparation, Writing – Review & Editing

Raquel Teixeira

EPIUnit, Instituto de Saúde Pública da, Universidade do Porto (ISPUP), Porto, 4050-600, Portugal

Laboratory for Integrative and Translational Research in Population Health (ITR), Porto, 4050-600, Portugal

Roles
Co-Author, Writing – Review & Editing

Eero Kajantie

Department of Clinical and Molecular Medicine, Faculty of Medicine and Health Sciences, NTNU – Norwegian University of Science and Technology, Trondheim, NO-7491, Norway

Finnish Institute for Health and Welfare, Population Health Unit, Helsinki and Oulu, Finland

PEDEGO Research Unit, MRC Oulu, University of Oulu and Oulu University Hospital, Oulu, Finland

Children’s Hospital, Helsinki University Hospital and University of Helsinki, Helsinki, Finland

Roles
Co-Author, Methodology, Writing – Original Draft Preparation, Writing – Review & Editing

Henrique Barros

EPIUnit, Instituto de Saúde Pública da, Universidade do Porto (ISPUP), Porto, 4050-600, Portugal

Laboratory for Integrative and Translational Research in Population Health (ITR), Porto, 4050-600, Portugal

Departamento de Ciências da Saúde Pública e Forenses e Educação Médica, Faculdade de Medicina, Universidade do Porto (FMUP), Porto, Portugal

Roles
Co-Author, Conceptualization, Methodology, Project Administration, Supervision, Writing – Review & Editing

Downloads over the last 12 months:

Cited by

via Crossref

View citing articles