WRITTEN QUESTION E-0467/99

by Edith Müller (V) to the Commission

(5 March 1999)

Subject: Action to combat AIDS and discrimination against AIDS sufferers in Asturias, Spain

On 23 January 1999 the Official Journal of the Principality of Asturias published an order issued by the Principality's Regional Directorate for Public Health concerning the drawing up of a register of the names of HIV sufferers resident in Asturias (approximately 4 000 people). The register would contain all their personal details: full name, date of birth, sex and risk factors. In the AIDS census, sufferers would also have to give details of their sexual behaviour and their involvement with drugs, and also their country of origin in the case of non-Spanish residents.

The Secretary of the National AIDS Plan, Francisco Parras, had earlier said that the state registration scheme for seropositive individuals would be anonymous and would include a digit-based identification code. The Principality of Asturias is the first of Spain's autonomous communities to disregard the pledge given by the country's central government. If such a register were to be drawn up the personal data of those concerned would appear in a record which could be wrongly used and give rise to discrimination.

On 22 December 1989 the Council and the Health Ministers of the Member States meeting within the Council adopted a resolution on action to combat AIDS, pursuant to which the prevention and control of AIDS must go hand-in-hand with action to prevent any kind of discrimination against sufferers. One of the objectives listed in Annex D of European Parliament and Council Decision No 647/96/EC(1) is the need to prevent any possible discrimination against AIDS sufferers.

The above (and other) provisions place particular emphasis on the protection of sufferers against any kind of discrimination, which should be prevented rather than punished.

Does the Commission not consider that the existence of any register of sufferers which includes their personal details contravenes the principle of preventing any possible discrimination and would prompt sufferers to conceal their illness for fear that their data were not sufficiently protected and that the fact of their having the illness might be used against them?

What action does the Commission intend to take in order to ensure that there is no discrimination against sufferers in Asturias?

Answer given by Mr Monti on behalf of the Commission

(29 April 1999)

Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(2) stipulates, as a general rule, the prohibition of processing of sensitive data such as data on health or sex life (Article 8, first paragraph). This prohibition is subject to a limited number of exemptions e.g. where the data subject has given his consent or where the processing of the data is required for the purposes of preventive medicine, medical diagnosis, the provision of care or treatment of the management of health care services, provided that the sensitive data are processed by a health professional subject to the obligation of professional secrecy or by another person also subject to an equivalent obligation of secrecy.

However, the above mentioned exemptions concern only the prohibition of processing, and not the other provisions of the Directive such as, for example, the principles of proportionality and purpose limitation (Article 6). In other words, even where the processing of sensitive data is allowed, such processing must comply with all the requirements laid down by the Directive. In this situation it is up to the Member State to ensure that the citizen's fundamental rights to privacy and non-discrimination are not violated.

The deadline for implementing Directive 95/46/EC was 24 October 1998. Spain has not respected this deadline. A letter of formal notice was addressed by the Commission to Spain, and the Commission is currently considering further steps in the framework of the infringement proceedings.

(1) OJ L 95, 16.4.1996, p. 16.

(2) OJ L 281, 23.11.1995.