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Record W3047868884 · doi:10.69554/wzzy1745

Does de-identification require consent under the GDPR and English common law?

2020· article· en· W3047868884 on OpenAlexaff
Khaled El Emam, Mike Hintze, Ruth Boardman

Bibliographic record

VenueJournal of data protection & privacy. · 2020
Typearticle
Languageen
FieldMedicine
TopicPatient Dignity and Privacy
Canadian institutionsAgricultural Research Institute of Ontario
Fundersnot available
KeywordsIdentification (biology)LawCommon lawPolitical scienceBiology

Abstract

fetched live from OpenAlex

Data de-identification has many benefits in the context of the General Data Protection Regulation (GDPR). One of the recurring questions is whether consent is required to anonymise or de-identify data. In this paper, the authors make the case that no consent is required for anonymisation or other forms of de-identification under the GDPR, although additional conditions have to be met where special category data is anonymised. Further, under the English equitable duty of confidentiality, consent is generally not required if the de-identification is performed by the direct care team or on behalf of the direct care team; it is arguable that de-identification can also be performed by others outside of the direct care team, but less clear. The alternative would be special authorisation under section 251 of the National Health Service (NHS) Act.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.174
metaresearch head score (Gemma)0.331
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.174
Threshold uncertainty score0.918

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.1740.331
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.002
Bibliometrics0.0010.002
Science and technology studies0.0060.039
Scholarly communication0.0140.029
Open science0.0040.011
Research integrity0.0240.016
Insufficient payload (model declined to judge)0.0080.004

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.191
GPT teacher head0.352
Teacher spread0.161 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2020
Admission routes1
Has abstractyes

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