Privacy & E-health
The use of new technologies and e-health, in which medical data are processed, is increasing. Think, for example, of healthcare apps and portals. Innovations contribute to efficient treatment of patients, but can, at the same time, also entail privacy risks. To implement this innovation in a safe and legal manner, you can call on Kienhuis specialists.
The medical record (Electronic Patient Record)
In the field of privacy in healthcare, health law and privacy law come together. Both jurisdictions have special regulations regarding the processing of medical data. Nowadays, these are often digitally recorded in the medical record (EPD, Elektronisch Patiënten Dossier). Privacy is a topic that all healthcare providers have to deal with. We support you in this area with our specialist expertise.
Legislation
Recording and sharing personal data in registries requires careful privacy considerations. Legislation for registrations is therefore mainly about protecting the privacy of data subjects. To set up and manage registrations in the Netherlands you are dealing with various laws: the Medical Treatment Contracts Act (Wgbo, Wet op de geneeskundige behandelingsovereenkomst) and also the General Data Protection Regulation Implementation Act ((u)AVG, Uitvoeringswet Algemene verordening gegevensbescherming). But there are even more specific regulations, such as the Electronic Data Exchange in Healthcare Act (Wegiz, Wet elektronische gegevensuitwisseling in de zorg) and the Processing of Personal Data in Healthcare Additional Provisions Act (Wabvpz, Wet aanvullende bepalingen verwerking persoonsgegevens in de zorg).
What we do
We translate the regulations surrounding privacy and information security into practical action points. One of these lies in drafting proper privacy statements and processor agreements. It becomes more complicated when questions arise about the lawfulness of data processing, or about desired access by next of kin to a deceased person's record. Or, for example, when data is shared with external bodies such as funders (municipalities, care administration office) and the Public Prosecution Service (OM, Openbaar Ministerie) or the police, and when privacy rules may get in the way of proper healthcare provision. In practice, the rules are not always clear and conflicts can easily arise, for example between the controller and the data subject.
We help healthcare providers make the right decision by thinking creatively, of course using our in-depth knowledge of the sector and the applicable regulations.
Get in touch
For questions, you can always call us. Or leave your email address or phone number here, and we will get back to you.
Team Privacy & E-health
How we can help
In a practical, efficient and understandable way, we remove legal obstacles.
