Data concerning health
Data concerning health means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status (Art. 4(15) GDPR). Recital 35 clarifies that it covers information on past, current and future health, including disease, disability, disease risk, medical history, clinical treatment, and any number, symbol or identifier assigned to a person to uniquely identify them for health purposes.
Health data is a special category of personal data: processing is prohibited under Art. 9(1) unless one of the exceptions in Art. 9(2) applies, most commonly explicit consent (a), health care and management of health systems (h), public health including pharmacovigilance (i), or scientific research with appropriate safeguards (j), each of which may be subject to further national conditions.
The definition is interpreted broadly. The Court of Justice has held that data from which health status can be inferred, such as an order for medication (Lindenapotheke, C-21/23) or the fact of attending a clinic, counts as health data. Wearable step counts, app usage on a mental-health platform, trial recruitment enquiries and even the metadata of a telemedicine call can therefore qualify. Organisations processing health data at scale must carry out a DPIA and, in most cases, appoint a DPO.
