Bilag 2: Insurance Europes referat af deltagelsen i Kommissio-
nens workshop den 23. oktober 2017 om implementering af
databeskyttelsesforordningen og behandlingen af sundheds-
data
“CONDUCT OF BUSINESS EC workshop discusses GDPR implementation and
health data
On 23 October Insurance Europe participated in a European Commission workshop
on the implementation of the General Data Protection Regulation (GDPR) and on
the processing of health data. The workshop mainly focused on processing of
health data by the health sector, including for health research and further pro-
cessing of data for scientific purposes.
Insurance Europe raised its concerns regarding processing of health data by in-
surers based on data subject's consent. It pointed out that the upcoming guide-
lines by the Article 29 Working Party should clarify that the data subject's consent
given for processing of sensitive data by insurers goes hand-in-hand with risk
assessment, both at the pre-contractual stage and during the performance of the
contract. This consent should be considered as freely given.
The European Commission replied that regarding the insurance sector, using con-
sent as a legal basis for processing of sensitive data is questionable, as the con-
tract depends on the data subject's consent. Thus, according to the European
Commission, the most appropriate solution would be the introduction of legislation
at national level that provides for processing of sensitive data by insurers.
The Article 29 Working Party is expected to publish its draft guidelines on consent
by the end of the year or, in any case, before February 2018. The European Com-
mission, without duplicating the guidelines by the Article 29 Working Party, in-
tends to provide guidance to stakeholders on the implementation of the GDPR by
means of good practices, Q&As, etc.”
23.11.2017
Forsikringsorganisationernes
Fællessekretariat F.M.B.A.
Philip Heymans Allé 1
2900 Hellerup
Tlf.:
Fax:
41 91 91 91
41 91 91 92
www.forsikringogpension.dk
Claus Tønnesen
Juridisk rådgiver
Dir.
41919047
Sagsnr.
DokID
GES-2017-00224
349912