eHealth, data protection and privacy

During the recent coronavirus pandemic, the use of digital health care tools has become increasingly
demanded by patients in the Netherlands and externally. Digital solutions in the field of health care
have also been encouraged by the Dutch government. Yet, HBO health care and legal professionals
demand clarity on what they can do, must do, and cannot do with the patients’ data in the context of
digital health care provision and treatment support. The European Union General Data Protection
Regulation (EU GDPR) and its national level application are often perceived as obstacles to the use of
digital health solutions due to the strict health data processing requirements imposed by it. Health care
professionals thus highlight the difficulty of keeping up with the changing rules and understanding how
to apply them.
The project focuses on the integration of digital health tools in patient care and the related privacy and
data protection challenges. Specifically, the project intends to enhance health care professionals’ as
well as prospective legal and health professionals’ understanding of the relevant EU GDPR rules and
the recent Dutch legislative developments in eHealth and digital health.
The research explores whether and to what extent, the legislative developments outlined above serve
the needs of HBO health care and legal professionals. Designed to strengthen the link between
education, research, and practice, the project produces professional publications, training and
educational curricula and materials for HBO students and (prospective) professionals, as well as events
bringing together students, researchers, and health and legal professionals, information pieces for the
general public such as op-eds and commentaries, and recommendations addressed to the operators
of eHealth communication platforms.

During the coronavirus pandemic, the use of eHealth tools became increasingly demanded by patients and encouraged by the Dutch government. Yet, HBO health professionals demand clarity on what they can do, must do, and cannot do with the patients’ data when using digital healthcare provision and support. They often perceive the EU GDPR and its national application as obstacles to the use of eHealth due to strict health data processing requirements. They highlight the difficulty of keeping up with the changing rules and understanding how to apply them.

Dutch initiatives to clarify the eHealth rules include the 2021 proposal of the wet Elektronische Gegevensuitwisseling in de Zorg and the establishment of eHealth information and communication platforms for healthcare practitioners. The research explores whether these initiatives serve the needs of HBO health professionals. The following questions will be explored:
- Do the currently applicable rules and the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify what HBO health practitioners can do, must do, and cannot do with patients’ data?
- Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg provide better clarity on the stakeholders who may access patients’ data? Does it ensure appropriate safeguards against the unauthorized use of such data?
- Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify the EU GDPR requirements for HBO health professionals?
- Do the eHealth information and communication platforms set up for healthcare professionals provide the information that HBO professionals need on data protection and privacy requirements stemming from the EU GDPR and from national law? How could such platforms be better adjusted to the HBO professionals’ information and communication needs?
Methodology: Practice-oriented legal research, semi-structured interviews and focus group discussions will be conducted. Results will be translated to solutions for HBO health professionals.