An understanding of the characteristics of the law in the XXI century, facing a crisis of legitimacy characterized by risk and thus fear as the main lines defining the relationship between the society and science blur, supports the quest for a fair balance between individual protection and public development. This exercise was conducted with epidemiological data bases as its purpose. The interests of society that require data bases to be made available with full information on all aspects of people's lives were examined, in parallel to individual interests that demand the utmost respect for the private life of each member of society. The conclusion is that, in a risk society, the law requires the construction of mechanisms that allow public decision and control by all citizens of level of risk they are willing to accept. For the matter under examination, committees of citizens and experts, as well as grassroots groups, should decide on the construction, inputs and use of data bases. It would also be important to provide all practitioners within the legal system with information related to such subjects as health law.
Law; Health law; Data bases; Individual rights; Social stakes; Social participation