Euthanasia and data protection

Today we will analyze the relationship that the Data Protection Regulation has with Euthanasia, as it is already a reality in Spain since March 24, 2021.

Euthanasia

Spain joins the most advanced European countries in the regulation of this right, such as the Netherlands, Belgium and Luxembourg, and in the Americas, Canada.

Thus was born Organic Law 3/2021, of March 24, on the regulation of euthanasia, which will apply to all natural or legal persons, public or private, acting or located in Spanish territory.

Euthanasia or “good death” is defined as the deliberate act of ending the life of a person, produced by the express will of the person him/herself and with the aim of avoiding suffering.

The pillars of this new right rest on the fundamental rights to life and to physical and moral integrity, and on the other, constitutionally protected goods such as dignity, freedom or autonomy of will.

Therefore, the LO 3/2021, on the regulation of euthanasia, includes the legalization of the dignified death of those persons who request it voluntarily, complying with certain requirements specified in the regulation, but also regulates the actions of health personnel, included within the framework of their duties.

What is the relationship between euthanasia and data protection?

Euthanasia invariably has a direct relationship with the protection of personal data, since it is considered to be special category information, as it is linked in a necessary way with the subject of health, and must comply with the provisions of Articles 9 of the RGPD, as well as the LOPD-GDD.

In other words, to speak of euthanasia is to speak of a person’s most private sphere, which is intimately linked to his or her state of health, and is therefore considered a sensitive issue whose protection must be fully guaranteed.

At what points does the LO 3/2021 make direct reference to data protection?

There are two circumstances in which the new organic law refers directly to the protection of personal data: article 15.2 and 16.2.

The first corresponds to the health centersThe first corresponds to healthcare centers, regulated in Article 15, which refers to the protection of the privacy and confidentiality of patients who express their will to exercise their right to euthanasia.

To this end, health care facilities shall:

— Generate procedures for active custody of patients’ medical records.

— To implement high-level information security measures due to the sensitive nature of the personal data to be processed.

The second corresponds to health personnelThe second corresponds to healthcare personnel, specifically, to their right to conscientious objection, since for personal reasons, they may refuse to provide euthanasia services.

As a consequence of the recognition of this right to healthcare personnel, the healthcare administrations:

— They shall create a registry of healthcare professionals who are conscientious objectors to the provision of aid in dying, in which the declarations of conscientious objection to the provision of aid in dying shall be recorded, and which shall be intended to provide the necessary information to the healthcare administration so that it can guarantee adequate management of the provision of aid in dying.

— The registry shall be subject to the principle of strict confidentiality and to personal data protection regulations.

At what points does the LO 3/2021 indirectly refer to data protection? protection?

The LO 3/2021, indirectly, highlights the importance of personal data protection, as for example when the Seventh Additional Provision establishes the need for training in this area for healthcare professionals, since the application of this law cannot be understood without contemplating the guarantees of personal data.

The coordination of such specific continuing education on aid in dying should consider both technical and legal aspects, training on difficult communication and emotional support.

Finally, it is required that such coordination of the training offer be carried out within one year of the entry into force of this Law.

In other words, before March 24, 2022, public or private healthcare personnel in Spain must have received training and education in the content of the aforementioned Law, in all the aspects it covers, for its correct understanding and application.

Therefore, as far as the protection of personal data is concerned, it will be a matter in which it will be necessary to train the healthcare personnel who assist in the provision of the service, as well as the administrative healthcare personnel in charge of the duty of custody of the medical records and the handling of this sensitive information in them.

We help you

If your company is in the healthcare sector and this new law could be applicable, do not hesitate to contact us to verify your information security measures and to provide you with the necessary training on data protection and the application of euthanasia.

Ask Business Adapter for a free data protection diagnostic audit, to analyze how compliant you currently are and what additional measures you need to implement.

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