Article 4, Access by health professionals to personal electronic health data, Articles of the European Health Data Space (EHDS), (Proposal_3.5.2022)
Access by health professionals to personal electronic health data.
1. Where they process data in an electronic format, health professionals shall:
(a) have access to the electronic health data of natural persons under their treatment, irrespective of the Member State of affiliation and the Member State of treatment;
(b) ensure that the personal electronic health data of the natural persons they treat are updated with information related to the health services provided.
2. In line with the data minimisation principle provided for in Regulation (EU) 2016/679, Member States may establish rules providing for the categories of personal electronic health data required by different health professions. Such rules shall not be based on the source of electronic health data.
3. Member States shall ensure that access to at least the priority categories of electronic health data referred to in Article 5 is made available to health professionals through health professional access services. Health professionals who are in possession of recognised electronic identification means shall have the right to use those health professional access services, free of charge.
4. Where access to electronic health data has been restricted by the natural person, the healthcare provider or health professionals shall not be informed of the content of the electronic health data without prior authorisation by the natural person, including where the provider or professional is informed of the existence and nature of the restricted electronic health data. In cases where processing is necessary in order to protect the vital interests of the data subject or of another natural person, the healthcare provider or health professional may get access to the restricted electronic health data. Following such access, the healthcare provider or health professional shall inform the data holder and the natural person concerned or his/her guardians that access to electronic health data had been granted. Member States’ law may add additional safeguards.