Digitalization of Fundamental Rights and Interoperability in Healthcare

Abstract

This paper aimed to discuss the digitalization of fundamental rights and the interoperability of health data, as well as the risks arising from such progress and ways to avoid them. To this end, hypothetical-deductive methods were adopted through research and bibliographical review of articles from scientific journals, legislation and law theory. Surveillance capitalism, a new form of economic power, has caused behavioral data that was previously discarded or ignored to be rediscovered as data stores. On the other hand, in the health sector, data sharing, as a result of data digitization, is inevitable, and largely depends on interoperability, whether in the public or private sphere. The advancement of digitalization generates an impact on law (in legislation, standardization, dogmatics, among other aspects) and matters in the digitalization of fundamental rights or, even, in the digital dimension of fundamental rights, generating several risks to individuals. Therefore, it is only through social participation that effective health democracy will be guaranteed, capable of controlling possible abuses in the data digitalization and interoperability processes, which may could occur through standardization through legitimate instruments that guarantee effective social participation or, on the other hand, the removal of regulations that do not afford due democratic participation.