Article 35, Prohibited secondary use of electronic health data, Articles of the European Health Data Space (EHDS), (Proposal_3.5.2022)
Seeking access to and processing electronic health data obtained via a data permit issued pursuant to Article 46 for the following purposes shall be prohibited:
(a) taking decisions detrimental to a natural person based on their electronic health data; in order to qualify as “decisions”, they must produce legal effects or similarly significantly affect those natural persons;
(b) taking decisions in relation to a natural person or groups of natural persons to exclude them from the benefit of an insurance contract or to modify their contributions and insurance premiums;
(c) advertising or marketing activities towards health professionals, organisations in health or natural persons;
(d) providing access to, or otherwise making available, the electronic health data to third parties not mentioned in the data permit;
(e) developing products or services that may harm individuals and societies at large, including, but not limited to illicit drugs, alcoholic beverages, tobacco products, or goods or services which are designed or modified in such a way that they contravene public order or morality.