WRITTEN QUESTION E-1853/99

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(13 October 1999)

Subject: Health and consumer protection

The systematic use of computer technology in virtually every sphere of human activity means that colossal amounts of data are available to vast numbers of people. The European Working Party on Ethics in the Sciences and New Technologies claims that in the area of healthcare, the result has frequently been the de facto disappearance of the individual's due right to medical confidentiality.

What measures does the Commission intend to implement to put an end to this situation, and when will these measures be applied?

Answer given by Mr Bolkestein on behalf of the Commission

(26 November 1999)

The Commission shares the the honourable Member's concern with regard to Directive 95/46/EC of the European 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(1). This Directive aims to ensure a considerable degree of protection regarding people's fundamental rights, especially their entitlement to privacy. It applies to all processing of personal data, regardless of the technologies used and regardless of the economic or social activity for which it is carried out.

Since they are regarded as sensitive, data concerning individuals' health are governed by the stricter protection arrangements laid down in Article 8 of the Directive. Processing of such data is prohibited in principle, albeit with various exceptions that are listed in full in the article. Medical data can thus be processed if an individual has given his explicit consent to their processing, if the processing is carried out for medical purposes in the circumstances laid down in paragraph 3 of the article, if the processing is necessary to protect the individual's vital interests, or if, subject to the provisions laid down in paragraph 4, the Member States authorise processing for reasons of substantial public interest, in areas such as public health, social protection or scientific research.

The Commission is currently checking how the Directive is applied by the Member States, which were required to introduce national implementing measures by 24 October 1998.

The Commission is also well aware of the opinion, to which the honourable Member refers, that was issued by the European Working Party on Ethics in July 1999. That opinion offers some important points for consideration concerning the processing of medical data in connection with telematics networks. The Commission will draw all the conclusions that prove necessary with regard to the implementation of the Directive, which must be the subject of a report in accordance with Article 33 of the Directive.

The Commission would also inform the honourable Member that the programme entitled Information society technologies, which is part of the Fifth Framework Programme for Technological Research and Development(2), is designed to support the objectives of Community policies, including the protection of personal data, using technological means. In this connection, various projects relating to the protection of medical data are being studied, such as the functions of smart cards or the use of encryption to protect data.

(1) OJ L 281, 23.11.1995.

(2) OJ C 173, 7.6.1997.