Rights of data subjects in a medical context

The GDPR provides for several rights for data subjects whose data are being processed. This includes:

• Transparency of information and communication;

• Provision of information;

• Right of access;

• Right to rectification;

• Right to erasure (the right to be forgotten);

• Right to restriction of processing;

• Right to data portability;

• Right to object;

• Right not to be subjected to automated decision making.

Within a medical context it is however sometimes left to the discretion of the medical professional to withhold certain information if it is in the interest of the treatment because he or she is ultimately the medical expert. Furthermore, medical professionals generally make an analysis based on a patient’s health data. These analyses are conclusions drawn by medical professionals and as such do not fall under personal data protection. Data subjects thus enjoy the same rights within and outside the medical context, however, these rights might work slightly differently in those different contexts. We will explore the rights of data subjects more in the next step.