Is there personal data protection legislation in Spain?
The Spanish organic legislation on data protection makes certain provisions regarding the GDPR’s different beginning sections. These include, for example, data subject rights, laws requiring the appointment of a DPO, parental permission, and information responsibilities. Aside from adapting the Spanish legal system to the GDPR, Spain’s organic data protection legislation, ley de protección de datos sanitarios includes extra provisions for residents’ and employees’ media services, such as rights to broadband internet, digital training, and digital severance in employment.
Health Data Protection Regulations
The Spanish authorities have lately launched a drive to implement the regulations that require health centre owners to bear responsibility for protecting each user’s personal health data. In 2021, the Spanish Health Data Protection Law was updated to reflect the existing tremendous aspects of health data security for both people and organizations. This law compels all organisations that deal with health information to secure it against unwanted outside access. It also necessitates the implementation of specific processes each time data is exchanged or stored by these agencies.
The SDPA determined that processing particular categories of data necessitates the use of two legal grounds (e.g., health data). This means that the collection and processing of these types of special categories of data would be lawful only if one of the exceptions for processing special categories of data listed in article 9(2) of the GDPR and one of the general lawful ley de protección de datos sanitarios bases for processing personal data listed in article 6 of the GDPR are met. Furthermore, fair and legitimate processing on these grounds will be required. We urge that you contact us right away if your organisation or corporation is looking into how to secure your private information. As a result, health statistics in Spain will primarily include:
- Personal data gathered during the registration for or provision of healthcare services;
- Numbers or symbols assigned to a natural person for the purpose of identifying that person for medical purposes;
- Data derived from the testing or examination of body parts or bodily substances;
- Any information about diseases, disabilities, or clinical treatments is contained in any source.
In the sphere of health care, the right to have clinical history data suppressed is quite limited. This is due to the fact that this data is intended to provide proper patient support, but it is also required for judicial, epidemiological, public health, research, or educational objectives, as well as for the public interest or compliance with legal duties. Only a healthcare expert can decide whether or not to remove the health data. In a hospital, access rules must be tightly enforced .A doctor is not permitted to learn sensitive information about a patient with whom he or she does not have a professional connection. You have the right to request that your medical information be corrected. However, because it involves medical data, the decision to correct it will be made by a health administration specialist.
