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The most relevant provision governing the processing of personal health data in this…
Thus, Art. 9 (2) lit. (h) GDPR has two parts:…
1. The first part contains an opening clause (“processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on…
2. The second part constitutes a permission(37) for the processing of special categories of personal data if the processing is necessary “pursuant…
The exact conditions of this permission are, however, subject of discussions in the…
Thus, the processing of personal health data is allowed (i) if the respective EU…
However, not every entity or person may rely on the data processing permission contained…
In Germany, controllers must actually comply with even stricter requirements, as…
To summarize, there are in total two (in Germany: three) conditions which must be…
1. The processing of health data for this purpose must be allowed by EU Member State…
2. The health data must only be processed by certain individuals in accordance with…
3.If Sec. 22 (2) FDPA is applicable, the respective controller must take appropriate…
These conditions are explained in more detail in the following – together with the…
