Preserving Privacy: Data Protection in UAE's Healthcare Sector

26 Jul 2024

Introduction

In an age where the digital realm plays an ever-expanding role in our lives, the paramount importance of safeguarding sensitive personal data cannot be overstated. This imperative has spurred nations worldwide to fortify their legal frameworks, none more so than Europe with its groundbreaking General Data Protection Regulation (GDPR) and the imminent EU e-Privacy Regulation. Emanating from this global trend, the Middle East has been roused to contemplate the necessity of tailored data protection and privacy regulations. Notably, the United Arab Emirates (UAE) has emerged as a pivotal player in this evolving landscape. Within the UAE, enclaves such as the Dubai International Financial Centre, Abu Dhabi General Market, and Dubai Healthcare City have proactively instituted specialized data protection regimes. Drawing inspiration from esteemed international privacy principles like the 1995 Data Protection Directive and the 1980 OECD Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data, these zones have paved the way for comprehensive data security practices. However, an unmistakable lacuna persisted—namely, the absence of a holistic federal legislation specifically tailored to data protection.

In a seminal turning point, February 2019 bore witness to the issuance of Federal Law No 2 of 2019 by the esteemed President of the UAE. Dubbed the Health Data Law, this statute marks an unprecedented stride in the nation's legal landscape, chiefly by regulating the utilization of information technology and communications (ITC) within the healthcare domain. The law's salience lies in its unequivocal emphasis on data protection, mirroring certain facets of the well-regarded GDPR framework. Drawing parallels, the Health Data Law encapsulates pivotal data protection tenets such as the principle of purpose limitation, meticulous data accuracy standards, robust cybersecurity measures, and explicit consent prerequisites for data disclosure. This article embarks on a meticulous exposition of the intricacies enveloping data protection within the UAE's healthcare sector, undertaken with a discerning legal lens. By dissecting the global influences that have galvanized the UAE's foray into data protection regulations and delving into the crux of the Health Data Law's provisions, we endeavor to illuminate the ramifications of these legal strides for healthcare stakeholders, data custodians, and the broader legal canvas. Through this exploration, we underscore the UAE's conscientious endeavors to harmonize its data protection ethos with international standards, sculpting a privacy-conscious healthcare landscape for its future—an aspiration that holds implications not only for the legal fraternity but also for the very fabric of society itself.

The enactment of this law takes on a particularly pertinent significance, occurring in close temporal proximity to several noteworthy developments on the international stage. One such momentous occurrence is the recent pronouncement by the European Data Protection Board, which deftly delineates the intricate interplay between the General Data Protection Regulation (GDPR) and the European Union's regulatory framework pertaining to clinical trials. This Opinion bears testimony to a heightened awareness of the nuanced intersections between data protection and the realm of medical research, underscoring the global discourse's increasing sensitivity to the intricacies of healthcare data.

Simultaneously, the legal landscape has been further enriched by a momentous Recommendation issued by the Council of Europe. This recommendation profoundly concerns the safeguarding of health-related data, an issue of paramount importance in an era of burgeoning health data utilization. Impressively, this Recommendation extends its purview to encompass European Union Member States, accentuating its cross-border implications. By providing a framework for the protection of health data within a broader legal context, this pronouncement reinforces the notion that data protection transcends national borders and mandates harmonized approaches across jurisdictions. The temporal alignment of the UAE's Health Data Law with these significant international advancements underscores the law's timeliness and pertinence. In a landscape characterized by a growing awareness of the intersection of data protection, healthcare, and global regulations, the UAE's stride towards a comprehensive data protection regime within its healthcare sector resonates as a thoughtful and forward-looking endeavor. As we navigate the contours of this new legal terrain, it is imperative to recognize that these concurrent developments imbue the UAE's legislation with a broader context—one that reinforces the UAE's commitment to not only regional but also international data protection standards.

Whom does it impact?

The Health Data Law extends its reach to encompass all entities, both within the UAE and the Free Zones, that are engaged in the provisioning of healthcare services, health insurance, healthcare information technology, and other services, whether directly or indirectly connected to the healthcare sector. Additionally, it pertains to those entities involved in activities necessitating the management of electronic health data, thereby encapsulating the collective category known as Health Service Providers.

What Constitutes the Core Tenets of the Law?

The pivotal pillars of the Health Data Law comprise:

ü  Data Processing

ü  Data Security

ü  Data Localization

ü  Centrally Controlled Healthcare IT System

ü  Circumstances Permitting Disclosure Exception

ü  Impositions of Sanctions

Data Processing

Within the framework of the Health Data Law, meticulous regulation is imposed upon the processing of electronic health data originating within the territorial ambit of the UAE. This data encompasses an array of elements, ranging from patient nomenclature and clinical consultations to diagnostic information, treatment particulars, alphanumeric patient identifiers, procedural technology codes, medical imaging scans, and laboratory findings, collectively referred to as "Health Data."

 

Integral Data Privacy and Protection Concepts are Additionally Introduced:

1.       Accuracy – It is incumbent upon Healthcare Service Providers to meticulously ensure that the Health Data under their purview undergoes processing with an unwavering commitment to accuracy and reliability.

2.       Purpose Limitation – The principle of purpose limitation finds resonance within the Health Data Law. Implicit within this principle is the stipulation that Health Data shall not be harnessed for any purposes beyond those intricately tied to the provision of healthcare services, unless done so with the prior and explicit consent of the patient.

3.       Consent to Disclosure – A cardinal facet of this legal architecture is the assertion that Health Service Providers shall not disseminate patient-related data to any external third party without obtaining the requisite antecedent consent from the patient, unless such disclosure finds legal allowance.

4.       Security Measures – Imposing an obligation of paramount significance, the Health Data Law mandates that Health Data be safeguarded with unwavering dedication from any form of unauthorized manipulation, impairment, modification, deletion, or addition. This imperative necessitates the rigorous application of suitable security measures commensurate with the nature of the data and the potential risks it might entail.

Data Security

Article 4 of the Health Data Law lays down a mandate that all Health Service Providers utilizing Information and Communication Technology (ICT) for managing Health Data must guarantee the confidentiality of this information and must not share it unless authorized. In terms of security, the law adheres to the principles enshrined in the General Data Protection Regulation (GDPR). It necessitates the assurance of the "validity and credibility" of Health Data by preventing any form of unauthorized interference, modification, alteration, deletion, or addition to it.

Furthermore, the law compels Health Service Providers to ensure the accessibility of Health Data and facilitate its availability solely to authorized individuals. This entails granting access exclusively to personnel possessing proper authorization and a comprehensive comprehension of the essentiality of maintaining patient confidentiality.

In consonance with globally accepted benchmarks for data protection and sound practices, the Health Data Law mandates that entities institute a suite of technical, operational, and organizational protocols. The objective is to guarantee the reliability and security of Health Data, preserving its integrity in a manner aligned with international standards and prevailing best practices.

Data Localization: Storing Health Data

According to Article 20, Health Data needs to be kept for a specific time, and this time is at least 25 years from the last time a patient had a medical procedure. This is a rule in the Health Data Law, and it's different from a similar rule in the GDPR, which is another law about data privacy. The Health Data Law makes Health Service Providers keep data for a longer time compared to the GDPR, which says that personal data should only be kept for as long as it's needed. This rule can be a bit tough for Health Service Providers because they need to make sure they have the right systems to store all the data for this long. It's like a responsibility they need to follow to follow the law.

Centralized Healthcare IT System

The Ministry of Health and Prevention will create a single, controlled system to manage all Health Data. This system will store the information collected by Health Service Providers, allowing them to access and share data uniformly and securely, following any rules set by the government.

Instances Where Disclosure Rules Don't Apply

As per Article 16, Health Service Providers can share or use Health Data without needing the patient's permission in the following cases:

 

Ø  To let insurance companies and other organizations that support medical services check financial rights;

Ø  For scientific research (as long as they don't reveal who the patient is and they follow research rules);

Ø  For public health activities to prevent or treat issues;

Ø  If a court asks for it;

Ø  If the health authorities need it for public health reasons, like inspections.

Penalties

The law outlines penalties for not following the rules. These penalties could include disciplinary actions and fines. They would be decided by a committee in each health authority. These penalties could be given if, for instance, the data isn't stored where it's supposed to be.

The penalties might involve:

Ø  Stopping or taking away the permission to use the main IT system;

Ø  Getting an official notice or warning from the health authority;

Ø  Getting fined from AED 1,000 to AED 1,000,000.


Conclusion

Given that the Health Data Law was unveiled in February 2019, the comprehensive scope of its stipulations is yet to fully manifest. While the law officially took effect in May 2019, it essentially furnishes an initial foundational framework aimed at establishing preliminary regulations and instituting the central IT system. Subsequent implementing regulations, expected to be unveiled later in 2019, will offer pivotal elucidation across various aspects. These may encompass elucidation concerning protocols and procedures to access the centralized Health Data management system, as well as possible exceptions to the data localization prerequisites. It is anticipated that Health Service Providers will be afforded a grace period to ensure adherence to the new law's provisions.