The processing of personal health data by the Belgian public health service – is it legal?

The processing of personal health data driven by the Belgian government – as of 2020 – may raise questions of GDPR compliance and, ultimately, the rule of law in Belgium

By Hartmut Seibel, Brussels – 25/10/2022

The practice of processing of personal health data of citizens and residents by the Belgian federal health service (the “Service Public Fédéral Santé”) raises serious questions of the legality of the activity by the Belgian public health sector and, consequently, by the Belgian state. On closer review it seems questionable if the European rules in the area of data protection under the GDPR as well as Article 22 of the Belgian constitution are respected.

Furthermore, the situation would warrant a review to verify if Articles 7 and 8 of the Charter of Fundamental Rights of the European Union are infringed.

More to follow shortly…