Transmiterea datelor medicale ale persoanei decedate către terţi, rude sau asigurători

Dr. Nicolae PLOEŞTEANU

Dr. Adrian BOANTĂ

ABSTRACT

The transmission of medical data of deceased persons is inter alia a processing of personal data and is excluded, as a general rule, from the applicability and protection of the General Data Protection Regulation. National legislation in Romania is not sufficiently satisfactory to allow such a transmission of data, in relation to the requests existing in practice and the interests of various entities, including insurance companies, to obtain such medical data. This study highlights the problems encountered in practice and details the legal regime applicable to the protection of medical data of deceased patients. Finally, it is concluded that the transmission of any kind of medical data of deceased patients can only be done on the basis of express legal provisions.

Keywords: health care provider, insurer, voluntary health insurance, confidentiality of...