Data protection in Maltese medical healthcare

Abstract

Data protection is paramount in medical healthcare due to the sensitive nature of patient data. In fact, under the applicable data protection laws – namely, the General Data Protection Regulation (GDPR)- health data falls under a special category of data that requires extra security and safeguards, and data protection law ensures legitimate collection and use of such data. Security breaches and unauthorised access to these data may not only result in discrimination and jeopardise patient care and treatment but can disrupt the whole healthcare service with financial and legal repercussions. The reassurance of data integrity instils confidence and trust in patients regarding healthcare. The objective of this dissertation is to assess the status quo regarding data protection and the implementation of policies at Mater Dei Hospital and Mount Carmel Hospital as the national public hospitals and St James Hospital, the largest private hospital on the island. It also sets the stage for further research as technology develops at a faster rate than the evolvement of legislation. The Maltese legislative framework for data protection is reviewed in light of its applicability to the healthcare sector. The applied research methodology involves qualitative research supported with a literature review and desk based research/ black letter methodology. Both the private and the public sector are committed towards the implementation of the GDPR, though the overwhelming volume of data generated daily in the sector, coupled by the limitations imposed by human and financial resources, highlights areas for improvement. As new technologies emerge, the future prospect of having one national electronic patient record operating on a single platform and unifying both private and public healthcare sectors is increasingly appealing as it would greatly facilitate the access of patient data and the free flow of information.