Agent · helsodata-2025-327-71

EHDS artikel 71: Right to opt out from the processing of personal electronic health data for secondary use

Structural tree: the article's own paragraphs, verbatim.

CELEX 32025R0327 · 2026-08-31 · Weight 62 · minimal-risk

OpenOpen reading. No metering is planned for this class.

EHDSOfficial source

Inputs

• in_scopeThe article applies to the situationboolean
• punktParagraph of the articleenum (1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14)

Rule tree

1. If: alla(in_scope = true, punkt = 1)

   Paragraph 1 applies

   1. Natural persons shall have the right to opt out at any time, and without providing any reason, from the processing of personal electronic health data relating to them for secondary use under this Regulation. The exercise of that right shall be reversible.

   Paragraph 1

2. If: alla(in_scope = true, punkt = 2)

   Paragraph 2 applies

   2. Member States shall provide for an accessible and easily understandable opt-out mechanism to exercise the right established in paragraph 1, whereby natural persons may explicitly state that they do not wish to have their personal electronic health data processed for secondary use.

   Paragraph 2

3. If: alla(in_scope = true, punkt = 3)

   Paragraph 3 applies

   3. Once natural persons have exercised the right to opt out, and where personal electronic health data relating to them can be identified in a dataset, personal electronic health data relating to those natural persons shall not be made available or otherwise processed pursuant to data permits issued under Article 68 or health data requests under Article 69 approved after the natural person has exercised the right to…

   Paragraph 3

4. If: alla(in_scope = true, punkt = 4)

   Paragraph 4 applies

   The first subparagraph of this paragraph shall not affect the processing for secondary use of personal electronic health data relating to those natural persons pursuant to data permits or health data requests that were issued or approved before the natural persons exercised their right to opt out.

   Paragraph 4

5. If: alla(in_scope = true, punkt = 5)

   Paragraph 5 applies

   4. By way of exception from the right to opt out provided for in paragraph 1, a Member State may provide in its national law for a mechanism to make data for which a right to opt out has been exercised available, provided that all the following conditions are fulfilled:

   Paragraph 5

6. If: alla(in_scope = true, punkt = 6)

   Paragraph 6 applies

   (a)

   Paragraph 6

7. If: alla(in_scope = true, punkt = 7)

   Paragraph 7 applies

   the health data access application or health data request is submitted by a public sector body or a Union institution, body, office or agency with a mandate to carry out tasks in the area of public health, or by another entity entrusted with carrying out public tasks in the area of public health, or acting on behalf of or commissioned by a public authority, and the processing of those data is necessary for any of the…

   Paragraph 7

8. If: alla(in_scope = true, punkt = 8)

   Paragraph 8 applies

   (i)

   Paragraph 8

9. If: alla(in_scope = true, punkt = 9)

   Paragraph 9 applies

   the purposes referred to in Article 53(1), points (a), (b) and (c);

   Paragraph 9

10. If: alla(in_scope = true, punkt = 10)

    Paragraph 10 applies

    (ii)

    Paragraph 10

11. If: alla(in_scope = true, punkt = 11)

    Paragraph 11 applies

    scientific research for important reasons of public interest;

    Paragraph 11

12. If: alla(in_scope = true, punkt = 12)

    Paragraph 12 applies

    (b)

    Paragraph 12

13. If: alla(in_scope = true, punkt = 13)

    Paragraph 13 applies

    those data cannot be obtained by alternative means in a timely and effective manner under equivalent conditions;

    Paragraph 13

14. If: alla(in_scope = true, punkt = 14)

    Paragraph 14 applies

    (c)

    Paragraph 14

If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.

The article text as read

1. 11. Natural persons shall have the right to opt out at any time, and without providing any reason, from the processing of personal electronic health data relating to them for secondary use under this Regulation. The exercise of that right shall be reversible.
2. 22. Member States shall provide for an accessible and easily understandable opt-out mechanism to exercise the right established in paragraph 1, whereby natural persons may explicitly state that they do not wish to have their personal electronic health data processed for secondary use.
3. 33. Once natural persons have exercised the right to opt out, and where personal electronic health data relating to them can be identified in a dataset, personal electronic health data relating to those natural persons shall not be made available or otherwise processed pursuant to data permits issued under Article 68 or health data requests under Article 69 approved after the natural person has exercised the right to opt out.
4. 4The first subparagraph of this paragraph shall not affect the processing for secondary use of personal electronic health data relating to those natural persons pursuant to data permits or health data requests that were issued or approved before the natural persons exercised their right to opt out.
5. 54. By way of exception from the right to opt out provided for in paragraph 1, a Member State may provide in its national law for a mechanism to make data for which a right to opt out has been exercised available, provided that all the following conditions are fulfilled:
6. 6(a)
7. 7the health data access application or health data request is submitted by a public sector body or a Union institution, body, office or agency with a mandate to carry out tasks in the area of public health, or by another entity entrusted with carrying out public tasks in the area of public health, or acting on behalf of or commissioned by a public authority, and the processing of those data is necessary for any of the following purposes:
8. 8(i)
9. 9the purposes referred to in Article 53(1), points (a), (b) and (c);
10. 10(ii)
11. 11scientific research for important reasons of public interest;
12. 12(b)
13. 13those data cannot be obtained by alternative means in a timely and effective manner under equivalent conditions;
14. 14(c)

No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.

Citation: 32025R0327 art. 71, Right to opt out from the processing of personal electronic health data for secondary use. ExploreWorld Legal, https://legal.exploreworldai.com/agent/helsodata-2025-327/artikel-71 (hämtad 2026-08-31, bevis sha256:3720b75da9596a50, bygge legal-2026-08-25).