This thesis investigates the transmission of health data with a focus on, how to promote the research. The ultimate focus is how the regulation should be, in order to achieve an efficient legal position. Initially the case of the thesis and the conceptual are described and explained. Firstly, the difference between data and health data is described and then it is clarified, that the focus in this thesis is health data and why that is. Then it is described what meaning research, describe and derive of health data have. This whole chapter should give an understanding of the basic concepts of this thesis and what it is derived from. In the legal analysis, the laws that regulate the processing, collecting and transmission of health data are analyzed. The legislation on this topic is complex and it takes a lot of effort for the researcher to fully understand the laws that regulates the processing, collecting and transmission of health data. Because the regulation is so hard to interpret, it can have enormous consequences for the research projects. In the economic analysis, firstly the principal and agent relationship are analyzed. There is a P/A relationship between the patients and the researchers. Secondly, the transactions cost of the two parties, patients and researchers, are analyzed. It is analyzed which cost they have and how it affects the relations between them. Lastly, game theory is used to derive how the different parties are acting in different situations. Lastly, the legal and economic analysis are combined in an integrated law and economic analysis, where the efficient legal position is found and described. Overall, it is concluded, that to find the efficient legal position, the laws that regulate the processing, collecting and transmission of health data should be changed. It takes to much of an effort for the researchers to interpret and understand the laws, that it can have enormous consequences for the projects. If the laws are being changed to something less complicated, it will be a lot easier for the researchers to use the laws correctly which means that the research will be promoted.
|Educations||MSc in Commercial Law, (Graduate Programme) Final Thesis|
|Number of pages||86|