Processing of Personal Data (Secondary Processing) (secondaryprocessing)
Table of Provisions (6)
Statutory Text (6 Articles)
L.N. 263 of 2019
HEALTH ACT
(CAP. 528)
Processing of Personal Data (Secondary Processing)
(Health Sector) Regulations, 2019
IN EXERCISE of the powers conferred by articles 27 and 30 of
the Health Act, the Minister for Health, after consultation with the
Data Protection Commissioner, has made the following regulations:-
(1) The title of these regulations is the Processing of
Personal Data (Secondary Processing) (Health Sector) Regulations,
2019. (2) The objective of these regulations is to regulate the further
processing of personal data in the health sector, hereinafter referred as
"secondary processing" which is not linked to the primary purpose for
which the data was originally collected.
(3) The provisions of these regulations shall be read in
conformity with the provisions of the Data Protection Act and the
provisions of Regulation (EU) 2016/679 of the European Parliament
and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC, hereinafter
referred to as the "General Data Protection Regulation.".
In these regulations, unless the context otherwise requires
"health care professional" means any health care professional
regulated by the Health Care Professions Act;
"non-governmental organisation" means a voluntary organisation,
as recognised by the Ministry for Health, and which has been enrolled
with the Commissioner for Voluntary Organisations under the
Voluntary Organisations Act.
For the purposes of these regulations, the "data controller",
referred to under the General Data Protection Regulation, shall also
include the Chief Executive Officer of entities providing a healthcare
service to patients, including but not limited to residential services to
such patients within the Ministry for Health but not solely, or such
other officer appointed by the respective Ministry to be responsible for
such entity under such Ministry;
"pseudonymisation" means the processing of personal data in
such a manner that the personal data can no longer be attributed to a
specific data subject without the use of additional information,
provided that such additional information is kept separately and is
subject to technical and organisational measures to ensure that the
personal data are not attributed to an identified or identifiable natural
person.
Secondary processing of personal data in the health sector Secondary
processing of
shall be permitted where such secondary processing is related to -
personal data.
(a) the processing and analysis of records kept by all
entities falling within the ambit of the health sector, and the
administration of the systems and services by entities, which
entities are licensed to deliver any kind of service to patients or
individuals, for the purpose of managing and enhancing the
health service;
(b) the analysis of health records supplied to the Ministry
for Health in accordance with licensing legislation, contractual
obligations, compliance with EU regulations on public health
statistics and to safeguard other public health interests, to
produce the indicators required for monitoring, to ensure the
quality and cost effectiveness of the health services at national
level;
(c) the monitoring of contractual obligations, including
the purposes of quality control, management information and
monitoring of such services and systems, arising from the public-
private partnerships and partnerships with non- governmental
organisations which the Ministry for health has entered into with
third parties, to ensure that the afore-mentioned partners are
adhering to their contractual obligations to deliver a safe and
accessible service;
(d) the fulfilment of the obligations related to the
provision of statistical information, whether to international
organisations or local clients; this may involve the linkage of
existing administrative databases and disease registers;
(e) the compilation of evidence in medico-legal cases
and in cases referred by public bodies, in the course of exercising
their duties as provided by law;
(f) the investigation and monitoring of health threats,
which typically requires the processing of health record data for
the protection of public health; and
(g) access to health records, for the purpose of research
activities.
In pursuance of regulations 3(c) and 3(g), personal data
may be processed where the research activities are in the public
interest. Where such processing cannot be conducted using
anonymised data, it is only permissible subject to the following
conditions
(a) following approval by the Health Ethics Committee
within the Ministry of Health, where the research activity is
conducted within the Ministry for Health or its partners, and
after obtaining prior authorisation from the Commissioner for
Data Protection in terms of article 7 of the Data Protection Act;
(b) following approval by any other Ethics Committee
recognized by the Information and Data Protection
Commissioner where the research activity is conducted by
academics or students, or any other NGO or public body having
the remit to assist patients in need for health services, and after
obtaining prior authorisation from the Commissioner for Data
Protection in terms of article 7 of the Data Protection Act
Provided that processing of such data is conducted
using pseudonymised data, and where this is not possible
appropriate measures are taken to safeguard the rights and
fundamental freedoms of the data subject by providing that data
should be anonymised as soon as the research or the statistical
study no longer requires identifiable data.
In all other cases, processing health records for a n y
p u rpose other than that pursuant to regulation 3, shall require the
consent of the data subject concerned as provided for in the General
Data Protection Regulation.
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