Article 9

Right to obtain information on accessing data

In short: Natural persons shall have the right to obtain information on any access to their personal electronic health for at least the last 3 years.

1. Natural persons shall have the right to obtain information, including through automatic notifications, on any access to their personal electronic health data through the health professional access service obtained in the context of healthcare, including access provided in accordance with Article 11(5).
2. The information referred to in paragraph 1 shall be provided, free of charge and without delay, through electronic health data access services and shall be available for at least three years from each date of access to the data. That information shall include at least the following:
   • (a) information on the healthcare provider or other individuals who accessed the personal electronic health data;
   • (b) the date and time of access;
   • (c) which personal electronic health data were accessed.
3. Member States may provide for restrictions to the right referred to in paragraph 1 in exceptional circumstances, where there are factual indications that disclosure would endanger the vital interests or rights of the health professional or the care of the natural person.

Recital 16: Access to electronic health records by healthcare providers or other individuals should be transparent to the natural persons concerned. Electronic health data access services should provide detailed information on access to data, such as when and which entity or natural person accessed data, and which data were accessed.

Discussion

Note that the requirements is both:

• To receive notifications when someone accesses information.
• To retrieve/search past access information.

It seems likely the NCP will provide a UI / an API to retrieve the audit log details.

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