The right to the protection of personal data is a fundamental right, except that the GDPR is enshrined in a number of other international and national legal documents. The establishment of a number of countries guarantees the security and confidentiality of personal data and lays down the right of each individual to protect personal data. The literature points out that the protection of personal data is one of the sub-types of protection of personality rights (personality rights).
The importance of the fundamental right to the protection of personal data is therefore unquestionable. The purpose of the protection of personal data is to ensure the achievement and protection of private life (privacy rights) and other human rights and fundamental freedoms in the collection, processing and use of personal data. Data relating to the health of the individual shall enter the specific category of personal data to be further protected. Such information is a very sensitive category of data, the unjustifiable disclosure of which may result in the imposition, stigmatisation and discrimination of the individual in the company, namely the violation of personal non-property goods of the person whose health data have been published. This may also lead to the occurrence of a liability for damage.
Many online services and mobile applications relating to health are placed on the internet as "free," but in fact require payment in the form of personal data relating to the health condition provided by individuals, which may pose particular risks to their well-being, the right to privacy and data protection for abuse, illegal and unjustified use and disclosure of such data. What, though, is considered to be "personal data concerning health"?
Health data "should be given a broad interpretation by suspending information on both physical and mental aspects of the health of a particular person. However, that concept must not be extended to the extent that it includes expressions that do not give rise to any information on the health or health status of a person. For example, the fact that a person, for example, feels unwillingly, tired or free of energy will not be considered as specifically concerned data on the health of the individual but the data that the person is suffering from a specific disease, the causes of which may be listed, will represent a personal information on health.
Personal data on health in the modern digital world and increasingly developed mobile healthcare have a high value (the currency of the digital world), because without such data (information), mobile health could not be successfully developed and adapted to the continuous changes in modern society and the digital environment.
Source: EU court in "CN v European Parliament"; Legal framework for the protection of personal data relating to health in European Union law, M.Bevanda, M.Wolakovic; [Am. Straight fak. The Holy Ghost. RIJ. (1991) v. 37, no. 1, 125-154 (2016).