Is the GDPR consent misused in the Romanian health system? Cover Image
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Este consimțământul GDPR folosit abuziv în sistemul sanitar românesc?
Is the GDPR consent misused in the Romanian health system?

Author(s): Marius Dumitrescu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: GDPR consent; information note; principle of transparency; informed medical consent

Summary/Abstract: In the health sector there is no need to obtain a GDPR consent, signed by the patient, for processing the personal data. According to the General Data Protection Regulation, the consent is only one of the six ways to ensure the legality of the processing and in the health sector there are already other legal terms that justify the legality of the processing activity. It is important that this type of consent not to be confused with informed medical consent, which is also legally regulated, and has a completely different purpose. The medical unit can ensure the transparency of data processing through posters, pictograms or guides to which the patient can easily access. Even after two years from the application of the EU Regulation 2016/679, a lot of education is still needed among the staff from the Romanian health system, regarding the elimination of the conditioning of the medical services by signing an invalid and formal consent by the patient.

  • Issue Year: XIX/2020
  • Issue No: 08
  • Page Range: 431-434
  • Page Count: 4
  • Language: Romanian
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