From Dusk Till Dawn. The Case of F.T. v D.W. and the Right to Access Electronic Medical Records in Light of the Future European Health Data Space Regulation

Free access to a copy of personal data included in a medical record is guaranteed under EU law. The legal basis, scope and reach of this right were addressed for the first time by the European Court of Justice in F.T. v D.W. The case triggers a number of considerations on the protection offered to individuals, and most notably patients, as well as on the coherence of the relevant legal framework and future perspectives for the digitalization of healthcare services. This Insight analyses the judgment fo-cusing on the multifaced nature of (electronic) medical records in light of the GDPR, Directive 2011/24 on patient’s rights in cross-border healthcare and Regulation on the European Health Data Space.