The applicability of the Internet of Things (IoT) between fundamental rights to health and to privacy

This work aims to study main insecurities and uncertainties regarding to IoT, verifying its impact to the exercise of the fundamental rights to healthcare and to privacy. Its specific objectives are: i) to present promises of IoT to healthcare and treatments; ii) to expose risks and uncertainties id...

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Bibliographic Details
Main Author: Fornasier, Mateus de Oliveira
Format: Article
Language:English
Published: 2019
Subjects:
Sociology of Law
Constitutional Law
Internet of Things
healthcare
sensible data
security
privacy
Internet das Coisas
serviços de saúde
da-dos sensíveis
segurança
privacidade
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7320930
Source:Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 6, Nº. 2, 2019 (Ejemplar dedicado a: maio/agosto), pags. 297-321
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The applicability of the Internet of Things (IoT) between fundamental rights to health and to privacy
Summary: This work aims to study main insecurities and uncertainties regarding to IoT, verifying its impact to the exercise of the fundamental rights to healthcare and to privacy. Its specific objectives are: i) to present promises of IoT to healthcare and treatments; ii) to expose risks and uncertainties identified with IoT until the present moment; iii) to analyze ethical and legal principles (mainly in Brazil) concerning to IoT uses. Its main hypothesis is that healthcare can be revolutionarily improved with IoT, but despite of all of that revolution in good practices, good technologies of security, securitized by public policies and legal practices, have also to be implemented and improved by scholars, jurists and politicians. Methodology: hypothetical-deductive method of research, with a qualitative and transdisciplinar method of approach, and a bibliographical research technique. Results: IoT/IoMT presents a great potential of actualization of the fundamental right to health, but the security of the collection and storage of sensitive data should be the first concern in the development of systems involving such technologies, since there is an immense potential of disrespect to the fundamental right to the privacy of individuals from their use, not only by private third parties, but also, by the State.

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