E-Health and the right to free copy of sensitive personal data: analysis from the perspective of comparative Health Law Verônica Scriptore Freire e Almeida, Ana Eduarda Bazzo Pupim

Abstract

Background: The European Union Regulation aims to unify the regulations of the member countries of the economic bloc in order to guarantee greater data protection. Problem: To this end, it reports on the German Court having been called upon to resolve the conflict between the European regulation that states that the copy of the data to the holder must be provided free of charge, while the national regulation provides for the possibility of charging a fee in order to cover the costs of producing the copy. Objective: This article aims to analyze the application of the General Data Protection Regulation of the European Union regarding the free availability of copies of data. Methods: To this end, it uses the methodology of documentary research based on international and national regulations to verify the internal applicability of the regulations in the countries of Germany, Portugal and Brazil. Results: In this sense, it was decided that charging a fee was possible as long as it is not intended to obtain profit. Conclusions: Therefore, after analyzing the facts from the perspective of Portuguese and Brazilian legislation, it is observed that such legislation does not express anything about the free or onerous nature of providing copies of data, but describes that there is a movement by the Brazilian CRM/MG in the same vein as the German Court. Therefore, it is clear that, as it is a recent regulation, there is much to be discussed in the judicial and legislative spheres.