CONFIDENTIALITY OF MEDICAL DATA AND ECHR PRACTICE
CONFIDENTIALITY OF MEDICAL DATA AND ECHR PRACTICE

Summary/Abstract: Managing data in the medical sector requires a high level of sensitivity due to the potential risk of violating the fundamental rights and freedoms of data subjects. Medical data is particularly sensitive as it concerns an individual's most intimate sphere, revealing information about their physical and mental health. Regulation 2016/679 defines medical data as personal information related to the physical or mental health of a natural person, including the provision of healthcare services, which discloses information regarding their health status. This clear definition effectively bridges the gap that has existed in defining medical data. Moreover, the classification of medical data as about both physical and mental health is in line with the ruling of the European Court of Justice. The court emphasizes the utmost importance of safeguarding personal data, especially medical data, as a fundamental means of ensuring an individual's right to privacy, as guaranteed under Article 8 of the European Convention on Human Rights. Domestic legislation will ensure and implement necessary measures to prevent any violation, communication, or dissemination of personal medical data that may contravene the guarantees of Article 8 of the Convention. The Albanian Constitutional Court has acknowledged the core role of sensitive data in private and family life in one of its rulings, following international practices. This paper investigates the definition of sensitive data, its handling within national and international legal frameworks, and how jurisprudence approaches this concept. While it cannot comprehensively cover all aspects related to data protection in healthcare due to the dynamic nature of this topic, it provides a thorough analysis of the subject as it pertains to personal data collection. This paper serves as a starting point for broader debates and further studies. The authors present their perspectives objectively, without subjective evaluations. The methodology employed is analytical and descriptive, and illustrative, thought suitable for achieving the objectives of this article.

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