NetherlandsCivil Code Book 7 Article 458 (WGBO), Patient Data for Statistics or Scientific Research Without Consent
Burgerlijk Wetboek Boek 7, Art. 458
In force.
A de-identification rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are a care provider, give information about a patient or access to the patient's file to another person for statistics or scientific research in the field of public health without the patient's consent only where asking consent is reasonably impossible and the research provides safeguards against disproportionate harm to the patient's privacy, or where consent cannot reasonably be demanded and you have seen to it that the data are provided in a form that reasonably prevents tracing them to individual natural persons (Burgerlijk Wetboek Boek 7 Article 458, paragraph 1).
- Provide the data only if the research serves a general interest, cannot be carried out without the data, and the patient has not expressly objected to the provision (Article 458, paragraph 2).
- Note each such provision of information in the patient's file (Article 458, paragraph 3).
These lines are LexLint's reading of the law's text.
What this law does
A care provider may, without the patient's consent, give information about the patient or access to the patient's file to another person for statistics or scientific research in the field of public health where asking consent is reasonably impossible and the research provides safeguards that keep the patient's privacy from being disproportionately harmed.
The care provider may also give that information where, given the nature and purpose of the research, consent cannot reasonably be demanded and the provider has seen to it that the data are provided in a form that reasonably prevents tracing them to individual natural persons.
Providing patient information for research without consent is permitted only if the research serves a general interest, the research cannot be carried out without the data, and the patient has not expressly objected to the provision. A care provider who provides patient information for research without consent notes the provision in the patient's file.
When LexLint raises it
When your app profile says your app handles health records, processes personal data or processes de-identified data.
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