On September 13, 2024, an Analytical study on personal data processing in healthcare and compliance with human rights was presented at the Office of the Ukrainian Parliament Commissioner for Human Rights. The study was conducted as part of the Council of Europe Project “Supporting Implementation of the European Human Rights Standards in Ukraine” jointly with the Information Rights Compliance Monitoring Department of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights.
The presentation brought together 77 participants who discussed issues related to human rights compliance and violations concerning personal data processing in healthcare.
The analytical study aimed to identify human rights violations in healthcare and provide recommendations to healthcare providers and their staff on preventing and addressing human rights violations in personal data processing. The study was conducted by Iryna Seniuta, an expert from the Council of Europe, lawyer, Doctor of Law, professor, and head of the Department of Medical Law at Lviv National Medical University named after Danylo Halytckyi. Presenting the study, Ms Seniuta highlighted several typical human rights violations in the medical field, specifically the failure to provide patients with medical information and copies of medical documentation, unjustified withdrawal of consent for personal data processing from patients, non-compliance with data processing rules in the operation of the electronic healthcare system, and more. Additionally, the author provided recommendations for medical professionals and healthcare institutions regarding possible measures that would not violate individuals' rights to personal data protection.
Based on the analytical study, the Ombudsperson’s Office prepared recommendations for data controllers and processors handling such healthcare data. The recommendations are aimed at addressing urgent issues identified in the study.
Erlend Falch, Deputy Head of the Council of Europe Office in Ukraine, opening the event, noted that the Council of Europe and the European Union reviewed their personal data protection legislation several years ago. Therefore, Ukraine, as a member of the Council of Europe and an associated member of the EU, needs to align its national legislation and practices with the requirements and standards outlined in Convention 108 on the protection of individuals regarding automated processing of personal data and EU documents, particularly the General Data Protection Regulation (GDPR). He specifically mentioned: “Attention should be drawn to the necessity for Ukraine to ratify the Protocol amending Convention 108, as the revised provisions significantly update its guarantees in light of all the challenges currently faced in the area of personal data protection.”
During the panel discussion, participants addressed urgent issues regarding the significance of personal data in today's digital world, whether they can be considered a commodity, and how to protect them from the "black market." Questions were also raised about ensuring the rights of data subjects to personal data protection during martial law, the use of numerous medical mobile applications managed by private entities, and the existing state safeguards against illegal business practices involving private data. The issue of judicial oversight in ensuring the protection of one type of legally protected secret, specifically medical confidentiality, was also discussed. Additionally, participants discussed the prospects for educational work with healthcare institutions to raise awareness among medical staff about personal data processing in healthcare.
The online broadcast of the presentation can be viewed on the Facebook page of the Council of Europe Office in Ukraine:
https://www.facebook.com/coe.office.in.ukraine/videos/1608760906342236/
Reference information:
The Council of Europe project "Supporting Implementation of the European Human Rights Standards in Ukraine" is aimed at supporting the effective implementation of European human rights standards, combating ill-treatment and rehabilitation of torture victims, strengthening the operational capacity for the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, and support the protection of the right to privacy and personal data.
