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GDPR in Urgent Healthcare Setting

Ed Panek

QA RA Small Med Dev Company
Trusted Information Resource
#1
GDPR for health data requires Explicit Consent. We sell a wearable temp monitor which runs from a smart phone application. How in the EU in a emergency health care situation can a patient give explicit consent for a blood pressure cuff, pulse ox, etc?
 
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mihzago

Trusted Information Resource
#2
A consent from a subject is not the only means to lawfully process the data.

In your case, it's the hospital that is required to demonstrate the lawful basis of processing and consent.
Specifically, Rec.46; Art.6(1)(d) states that processing is permitted if it is necessary in order to protect the vital interests of the data subject or of another natural person.

Article 6 of the GDPR describes other lawful basis for processing.
 
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