Diagnostics: Data and Processing
Attention, the suggested results correspond to the answers checked. They provide an initial insight but they are no substitute for the personalised and in-depth analysis that a legal or regulatory expert can provide
What types of health data are collected or used in your service?
Personal health data: what are we talking about?
The definition proposed by the GDPR is broad: Personal health data is data relating to the past, present or future physical or mental health of a natural person (including the provision of healthcare services) that reveals information about that person's health status.
Attention almost all data are personal
Personal data is not limited to data such as last name, first name, etc.
- Any data related to an identified or identifiable person (not only his/her contact details, but also his/her tastes, consumption habits, travel, etc.) is personal data
- Any combination of data that can identify a person is personal data
To find out more:
- What is health data? (source: CNIL)
- How to identify personal data (source: CNIL)
Regulations:
Introductory item 26 and Article 4 of the GDPR (Regulation No. 2016/679, known as the General Data Protection Regulation).
Opinion on anonymisation techniques of the G29.
Practical guide
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You don't know how to answer, the keys for choosing
Try to determine whether the data allows your company/third parties to identify the individual:
The data are personal if:
- The health data are stored on your company's platform without the user's name or any identifiable character (i.e. social security number) being linked to it and third parties can access it (e.g. doctors). However, due to the rarity of the user's pathology and the treatment he/she receives, combined with his/her age and region of residence, the user becomes identifiable.
The data are anonymous if:
- The health data are added to statistics on your company's platform without the name of the person concerned (often the user) or any identifiable character (i.e. his/her social security number) being linked to this statistical data at any time;
- the health data are stored on your company's platform and the user's name or an identifiable character is linked and third parties can access it (e.g. doctors)
What constitutes anonymous data?
"information which does not relate to an identified or identifiable natural person, or which is rendered anonymous in such a way that the data subject is not or is no longer identifiable" (source: GDPR)
Anonymisation is a process that consists of using a set of techniques in such a way as to make it impossible, in practice, to identify the person by any means and in an irreversible manner.
Anonymisation should not be confused with "pseudonymisation," which consists of processing of personal data in such a way that it is no longer possible to attribute the data to an individual except by using additional information, which is kept separately.
In practice, pseudonymisation consists of replacing directly identifying data (last name, first name, etc.) with indirectly identifying data (alias, sequential number, etc.).
Useful links:
CNIL:
https://www.cnil.fr/fr/lanonymisation-de-donnees-personnelles
https://www.cnil.fr/fr/le-g29-publie-un-avis-sur-les-techniques-danonymisation