La sicurezza dei dati sanitari nelle “smart technologies” quale strumento di realizzazione del diritto alla salute tra telemedicina ed intelligenza artificiale

The security of personal and sensitive data used in the provision of a health service is a tool to realize the right to health, both in its individual and collective dimension. There is a functional link, in the health sector, between the issue of safety – in the training, conservation, use and circulation of clinical data – and that of privacy. Data is essential to protect personal data through a “dynamic” approach, which also involves data flows. Under the GDPR, the strategy for the security of personal data is focused on the “general principle of processing”. A personal data protection approach emerges based on overall risk management as well as on the proactive accountability of the Data Controller, called to modulate “concretely” the implementation of the principles enshrined in the Regulation. With a view to accountability, the security of personal data, involving the application of different measures, requires an integrated vision of multiple competences, – including legal, IT and organizational ones. Digitization is seen as a transversal need within the PNRR. The essay offers an updated technical-juridical analysis, in the wider perspective of the recent wide legislative (including european), doctrinal and jurisprudential data, in the more than a balanced integration dimension between human and technological advancement in health.