Privacy and health data

Health data (including information on the use of drugs, issued prescriptions, etc.) is one of the most sensitive pieces of information, the importance of which is especially emphasized not only in the digital age but also during the current global pandemic with Covid-19. For example, decisions for isolation due to infection with Covid-19 or contact with an infected person contain sensitive health information, which should be subject to strict processing rules.

Health data includes personal data related to health status, including genetic and biometric data, as well as data that are closely related to a person’s health. This category includes all data related to the physical and mental health of the individual, the provided health care services, which reveal information not only about the past state of health of the individual, but also about his current and future state of health. Given that this is a special category of sensitive data, their processing is generally prohibited. As an exception, such processing is allowed in the following cases:

– on the basis of explicit (unequivocal) consent of the subject;

– for the needs of labour / social insurance and social protection;

– for protection of vital interests of the subject or other natural person;

– the data are publicly published by the personal data subject;

– for the needs of legitimate activities of non-profit organisations;

– for fulfillment of legal requirements;

– for protection of public health or preventive medicine; and

– for archiving, scientific and historical research;

If you need legal help regarding health data processing, click here to find out more.