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The Estonian Electronic Health Record – a Prototype for Data governance in the European Health Data Space?

Michael Denga, Thomas Hoffmann

DOI https://doi.org/10.21552/ehpl/2023/1/4

The Estonian Electronic Health Record (‘EEHR’) enables patients and healthcare professionals to share and use health data for treatment and health administration, but also caters to so-called secondary uses such as scientific research and development of health products – an approach in line with the EU draft regulation for a European Health Data Space of May 2022 (‘EHDS’). However, neither in the Estonian record nor in the EHDS patients have a say in the collection or storage of their data in electronic patient registers; the same is true for data retrieval for secondary use. This is in obvious contradiction to informational self-determination, which is exacerbated by indeterminate permissions and prohibitions.

Michael Denga, LL.M. (London), Maîtr. en Droit (Paris), Deputy Professor at Martin-Luther-Universät Hallle-Wittenberg. Thomas Hoffmann, Tenured Associate Professor of Private Law at Tallinn University of Technology. For Correspondence: <thomas.hoffmann@taltech.ee>. A list of his publications is available at <http://bit.ly/1fz4RkT>.


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