Interim Conclusions

Summary

Crossroads of health and data protection law – Based on the research presented in this part, it can be concluded that the patient's right to data protection is a right where health and data protection law cross. At European level, the patient's right to data protection is embedded in a body of data protection law, which includes the European Charter for Human Rights, the Charter of the Fundamental Rights of the European Union, the European General Data Protection Directive and Convention 108+. At the same time, it is embedded in a body of principles recognising patients’ rights which enjoy general agreement, including the WHO principles listed in the Declaration on the Promotion of Patients’ Rights in Europe, the principles adopted by Convention for the Protection of Human Rights and Biomedicine and the rights established in the European Cross-border Patients’ Rights Directive.

All of these protective instruments show two essential similarities. First, they share their roots. The roots of all of these instruments contain references to the fundamental values of confidentiality and privacy. Secondly, each of the mentioned legal instruments was established in order to provide on the one hand an answer to the claim for more citizen power and on the other hand to address a fear for uncontrolled consequences of new technologies and scientific progress.

Confidentiality – Confidentiality has been a principal ethical value in the exercise of healthcare professions since recognising the Hippocratic Oath and a principal ethical value in the various interpretations of ‘privacy’ since its conception by Warren and Brandeis.

Confidentiality is considered an essential condition for the establishment of trust. Trust in the relationship with a health professional and trust in a relationship with any other natural person who or legal entity that holds personal data. Professional confidentiality provides the individual with the security that information disclosed to a professional will not be made public or disclosed to another party without the individual's consent. It ensures individuals that issues can be openly discussed with the professional, especially when they would be unwilling to share information under normal circumstances.