Privacy Laws, Genomic Data and Non-Fungible Tokens

【Author】 Uribe, Daniel; Waters, Gisele

【Source】JOURNAL OF THE BRITISH BLOCKCHAIN ASSOCIATION

【Abstract】This article analyses the main legal requirements in the California Consumer Protection Act (CCPA), general data protection regulation (GDPR) and the intersections between privacy laws, genomic data and smart contracts (such as fungible and non-fungible tokens [NFTs]). The CCPA and GDPR laws impose several restrictions on the storing, accessing, processing and transferring of personal data. This has generated some challenges for lawyers, data processors and business enterprises engaged in blockchain offerings, especially as they pertain to high-risk data sets such as genomic data. The technical features of NFT, distributed storage and wallets to trace and govern genomic (DNA) data sets will allow data donors to establish digital ownership and control in line with privacy laws using 'programmable privacy smart contracts'. To be legally compliant, the design of blockchain value propositions should include privacy-by-design capabilities in the smart contract coding language itself. This article describes three domains (privacy laws, genomics and NFTs) and begins to explore how data engineers can address the challenges of coding privacy laws, the legal requirements into smart contracts. This current approach focuses on NFTs and genomic data requirements which include the selection of genetic metadata borrowing from developing ERC specifications and their programming logic. Programmable privacy is a unique way to write and design computer code, which can automatically check the legal compliance of the smart contract in a trust-less and decentralised way. We exemplify the approach by describing the conceptual value proposition of Genobank.io, a privacy-preserving genomic data platform.

【Keywords】Blockchain; biobanking; biometric; smart contracts; California Consumer Protection Act; privacy; programmable; distributed storage; IPFS; genomics; DNA; data processor; privacy law; GDPR; CCPA; non-fungible tokens (NFTs); fungible tokens; ERC998; ERC1155; ERC721; data sovereignty; Ethereum

【发表时间】2020

【收录时间】2022-06-18

【文献类型】Article

【论文大主题】NFT

【论文小主题】法律法规与版权保护