IMPACTUL DECIZIEI CURŢII CONSTITUŢIONALE NR. 498 DIN 17 IULIE 2018 ASUPRA REGLEMENTĂRII DOSARULUI ELECTRONIC DE SĂNĂTATE AL PACIENTULUI
IMPACT OF THE ROMANIAN CONSTITUTIONAL COURT’S DECISION NO. 498 OF 17 JULY 2018 ON THE REGULATION OF THE PATIENT’S ELECTRONIC HEALTH RECORD

Summary/Abstract: Last year, the Romanian Constitutional Court admitted the exception of unconstitutionality regarding the provisions of art. 30 para. (2) and (3), as well as the expression “system of patient’s electronic health records” from art. 280 para. (2) of the Law no. 95/2006 on health reform. As a result of this decision it was necessary to reconfigure the existing legal provisions regarding the electronic health record. Thus, the Romanian legislator was given the opportunity to regulate at the level of primary legislation this instrument – meant to increase the quality and efficiency of the medical act, as well as providing statistical data and information for health policies – respecting the essence of the right to the protection of personal data, and to take appropriate and specific measures to protect the fundamental rights and interests of the data subject. That's why this short study aims to analyze some aspects of the legal framework on the patient’s electronic health record from the perspective of the General Data Protection Regulation and of the guarantees associated to the right to intimate, family and private life, guarantees in the centre of which, according to the Constitutional Court, the patient's consent must be found. As such, this paper discusses the premises of the Constitutional Court's Decision no. 498 of 17 July 2018, its recitals, as well as the content of the law for amending and completing the Law no. 95/2006, from the perspective of the natural persons’ control over their own personal data and from the perspective of enhancing legal and practical certainty for the data subjects, without overlooking some aspects of comparative law (France and Luxembourg).

• Details
• Contents