Telemedicina versus Proteção de Dados Pessoais. Os Dados de Saúde como Dados Pessoais

Abstract

Telemedicine was adopted, in the Portuguese Health System, as a tool that helps in the provision of health care, helping, in a pandemic, against the spread of the virus that causes COVID-19. However, the use of telemedicine contributes to an increased risk of breaching personal data, especially special data such as health data. There is a great challenge to strike a balance between the increasingly frequent use of telemedicine (a non-regression reality) and the protection of personal data, especially health data. This challenge of conforming the requirements of protection of the fundamental right to health protection with the protection of privacy, personal data, can be achieved with an effort of legal provision, of new regulation of this reality, accompanied by extra care when using the telemedicine, in order to avoid the realization of the risk of violation of the aforementioned data.