You have a right to privacy and confidentiality regarding information which concerns your health (your medical data) and other information of personal kind.
Your medical data is protected against unlawful disclosure and must be kept confidential. As a patient, you are entitled to physical privacy as well.
What is health data?
Data concerning your health (your medical data) has a particularly sensitive nature and should be specially protected so as not to violate your right to private life. All information about a patient's state of health, diagnosis, prognosis, medical treatment, stay in a health care facility and all other personal information about a patient is private and confidential.
Read more about what is medical data in this Guide.
Disclosure of health data
Your health information may be disclosed to other persons and institutions, if you have provided consent.
example If the hospital discloses private treatment details to your relatives without your consent, this may be a violation of a patient's rights.
There are, however, some exceptions to this rule, when a patient’s consent is not required. All such cases are specified in the law. Your consent to the disclosure of your medical data is not necessary, if this information is disclosed, for example:
- failure to disclose the information could result in the patient significantly damaging himself or herself or other persons
note For 10 years after patient’s death (20 in case patient was underaged), their personal data can only be processed with the consent of their inheritors, unless the patient gave their permission beforehand or its processed under any other legal basis.
Read more about the disclosure & communication of medical data in this Guide.
Physical privacy
Patients are entitled to physical privacy as well. Medical interventions may only be performed when the patient’s privacy has been properly observed.
example If during the medical examination the patient needs to get undressed, the doctor should ensure their privacy by closing the door of the cabinet, using the room divider or by other appropriate means.