Estonia plans court approval for access to health data

Estonia plans to require court authorization to disclose a person’s health data without their consent, ERR reports. The Justice and Social Affairs ministries have jointly drafted amendments, but a lawyer says the proposals conflict.

Under current law, health data may be disclosed without consent in offence or court proceedings to establish the truth. The Chancellor of Justice has said the provision is too broad and needs clarification.

Social Affairs Minister Karmen Joller said her ministry’s draft is not about consent. It would combine three large health databases: the Health Insurance Fund’s prescription data and treatment invoices, and the health information system managed by TEHIK, the Health and Welfare Information Systems Centre. Joller said the proposal associated with Pakosta concerns the conditions under which data can be disclosed in different professional contexts.

Attorney Carri Ginter said the two drafts appear to contradict each other. He described one as setting out a broad list of cases in which data could be accessed, while the other would sharply limit access.

Joller said that under the planned changes, investigative bodies could obtain health data without a person’s consent only with court permission. Healthcare providers, including hospitals and family doctors’ centres, would be able to disclose data only when presented with a specific court order or authorization.

Roger Kumm, head of the Police and Border Guard Board’s prevention and offence proceedings bureau, said police supported changing the law to clarify what data officers may request and in which cases. Police also process health data in traffic accident investigations, where injuries can be evidence. TEHIK director Margus Arm said the centre also wanted clearer rules. People have recently made numerous inquiries to TEHIK about the use of health data; Arm said the health portal is the easiest way to review the information.