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Workshop “Telemedicine and legal aspects” 2 March 2010 “Protection of personal data in the EU”

Workshop “Telemedicine and legal aspects” 2 March 2010 “Protection of personal data in the EU” Thomas Zerdick, LL.M . European Commission Directorate General Justice, Freedom and Security Unit D5 “Data protection”. Protection of personal data. 'personal data‘:

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Workshop “Telemedicine and legal aspects” 2 March 2010 “Protection of personal data in the EU”

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  1. Workshop “Telemedicine and legal aspects” 2 March 2010 “Protection of personal data in the EU” Thomas Zerdick, LL.M.European Commission Directorate General Justice, Freedom and Security Unit D5 “Data protection”

  2. Protection of personal data • 'personal data‘: • any information relating to an identified or identifiable natural person ('data subject'); • health data are sensitive data • 'processing of personal data‘: • any operation or set of operations which is performed upon personal data, whether or not by automatic means, • e.g:collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;(Art. 2 Directive 95/46/EC)

  3. EU Charter of Fundamental Rights Article 8 - Protection of personal data • Everyone has the right to the protection of personal data concerning him or her. • Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. • Compliance with these rules shall be subject to control by an independent authority.

  4. EU secondary acquis • Data Protection Directive 95/46/EC • Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [OJ L 281, 23.11.1995, p. 31]. • Main principles for lawful data processing, applicable law • Rights and obligations of data controllers and data subjects • health data are sensitive data = no processing (if not derogations apply) • e-privacy Directive 2002/58/EC • Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector [OJ L 201, 31.07.2002, p. 37]. • Complements Directive 95/46/EC • Personal data breach notification

  5. Case studies • Are personal data being processed? • Who is the data controller? • Which national data protection law is applicable? • Is processing of health data justified? • Are data subject‘s rights respected? • Which National Data Protection Supervisory Authority can hear complaints?

  6. Practical information • Personal Data protection website (JLS D5): • Newsletter • Factsheets “Protection of personal data” (all EU languages) • http://ec.europa.eu/justice_home/fsj/privacy/index_en.htm • Article 29 Working Party: • Useful general guidance on the general legal data protection framework for health data: Article 29 Working Party Working Document on the processing of personal data relating to health in electronic health records (EHR) http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp131_en.pdf(in all EU languages)

  7. European CommissionDirectorate General Freedom, Justice and SecurityUnit D5 : Personal data protection http://ec.europa.eu/justice_home/fsj/privacy/index_en.htm Thomas ZERDICK, LL.M. thomas.zerdick@ec.europa.eu

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