Legal requirements for HealthKit / sending data to servers

Hi there,


don't know where to ask this. If anyone knows a better place to ask, or a way to get an offical answer by Apple that clarifies the legal parts of my question, that would be great.


I am developing a iOS app that uses HealthKit to access stored health data and sent that data to the projects server, after the user agreed. Question: is that allowed? From a technical standpoint it is possible, the app itself is pretty much finished.


I searched via google and read the parts about privacy in the legal document about this, but I am not an expert (i am just a student of medical informatics). So I would like to get a definitve answer what i can and can not do in this kind of matter. I also found this, but there aren't that many good answers: https://forums.developer.apple.com/thread/11860


For some more background information:

- The App is part of a far bigger system, that involves also Android, Server Backend, a website, and a lot of other components

- The whole system is hosted in the University hospital of Heidelberg

- We will have "formal ethical approval" by the hospitals ethic council in about a monh for the whole project

- The whole project involves several professors, students (like me) and doctors from the clinicum. It is intended as a research project for remotely monitoring patients, after their agreement to do so

- We had legal and technical experts double check what we are doing for the past 12+ months. We have a "go" from everybody involved and are thought to offer a reliable, safe, secure and legally valid (based on German law) system for medical research


Surely it shouldn't be any problem, if...

- The user agrees

- The data is safely stored on the server

- The data is only accessible by doctors of the University hospital of Heidelberg

- The server is an hospital-intern server

- Patients are able to delete the stored HealthKit data at any point in time completely from the server

- ... many more things we did to ensure privacy

...to be able to sent the queried HealthKit data to the projects server and nowhere else?


Our only goal is to support a medical research study in Heidelberg with this software. Our vision with the whole system is quite ambitious and we think we can add a super nice and convenient way for both sides to improve the daily patient life. We do not to intend to share / steal / or do anything bad with the data.


We put a lot of effort in this project. Thanks for any clarifications or helpful answers. We actually assumed that this was legally always possible but someone else came up a few weeks ago and suggested, that this kind of stuf is forbidden.


Thank you for your answers.

The answer entirely depends on specifically what data you are collecting and how you are using the collected data.

>So I would like to get a definitve answer



All you'll receive here are anecdotes, opinions and feel your pain. There are no pre-reviews - app review and apple legal aren't here.

Legal requirements for HealthKit / sending data to servers
 
 
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