Poland canceled the provision that allowed access to personal data of cancer patients
The Polish Senate supported amendments to the law on the National Oncology Network aimed at improving the organization of oncology care.
At the same time, the bill removed the provision that could have expanded the circle of persons with access to personal and medical data of patients with oncological diseases after criticism from bodies responsible for digital policy and legislation.
The law provides a number of organizational changes intended to improve the coordination of diagnosis and treatment of oncological diseases. It also plans to reduce the administrative burden on medical institutions that are part of the National Oncology Network, particularly regarding the analysis and monitoring of reports from other oncology centers.
In addition, the document opens the possibility for full implementation of the electronic card for diagnosis and treatment of oncological diseases (DILO). This will allow automation of documentation processing and entering necessary data.
Why the dispute arose
The original draft law also included changes to the law on the health information system. It allowed access to personal and medical data of patients not only to medical workers but also to "other persons" performing auxiliary functions during the provision of medical services within oncology care or cooperation in the National Oncology Network.
Such workers could have gained access to information based on appropriate authorization for coordinating treatment or billing for medical services.
The very wording "other persons" caused objections during the bill's approval process.
Oncology patient data is considered especially sensitive
The Polish Ministry of Digitalization emphasized that data processed within the National Oncology Network, including information contained in the DILO card and treatment plan, are especially sensitive personal data according to Article 9 of the EU General Data Protection Regulation (GDPR).
Such data is generally prohibited from processing except in clearly defined legal cases. For example, when necessary for medical diagnosis, treatment, provision of medical care, or management of the healthcare system according to EU or member state legislation.
The ministry pointed out that the term "other persons" does not clarify whether these workers belong to categories subject to the obligation to maintain professional medical confidentiality, such as doctors or nurses. In fact, the only basis for access would have been authorization from the personal data administrator.
Similar concerns were expressed by the Polish Government Legislation Centre, noting that the proposed provision opened access to confidential medical information to too wide a circle of persons, which could pose a risk to the protection of patients' personal data.
The disputed provision was removed
After reviewing the comments, the Polish Ministry of Health announced that it abandoned the proposed changes. In the new version of the bill, the provision expanding the circle of persons with access to personal and medical data of oncology patients was completely removed.
Thus, the law approved by the Senate does not contain a provision that would allow access to sensitive medical information to employees not directly involved in providing medical care.
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