QuestionQ13

Compliance with European Data Protection Law and Regulation

Under the GDPR, which party would be least likely to be permitted to collect, use, and disclose a data subject’s sensitive medical information without that data subject’s knowledge or consent?

  • A A member of the judiciary involved in adjudicating a legal dispute involving the data subject and concerning the health of the data subject.
  • B A public authority responsible for public health, where the sharing of such information is considered necessary for the protection of the general populace.
  • C A health professional involved in the medical care for the data subject, where the data subject’s life hinges on the timely dissemination of such information.
  • D A journalist writing an article relating to the medical condition in question, who believes that the publication of such information is in the public interest.
Explanation

Data concerning health is special-category personal data. The GDPR provides specific exceptions for processing necessary for legal claims, vital interests, health care, and public-health purposes, each subject to its applicable conditions and safeguards. Processing for journalistic purposes instead depends on Member State rules that reconcile data protection with freedom of expression; a journalist’s personal belief that publication serves the public interest does not by itself authorize processing sensitive medical data without the data subject’s knowledge or consent.

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