Recital 54

To balance the need of health data users to have exhaustive and representative datasets with the need for autonomy of natural persons over personal electronic health data of theirs that are considered particularly sensitive, natural persons should be able to make the decision as to whether their personal electronic health data can be processed for secondary use under this Regulation, in the form of a right to opt out from having those data being made available for secondary use. An easily understandable and accessible user-friendly mechanism to exercise that right to opt out should be provided for. Moreover, it is imperative to provide natural persons with sufficient and complete information regarding their right to opt out, including on the benefits and drawbacks entailed by exercising that right. Natural persons should not be required to give any reasons for opting out and should have the possibility of reconsidering their choice at any time. However, for certain purposes with a strong link to the public interest, such as activities for protection against serious cross-border threats to health or scientific research for important reasons of public interest, it is appropriate to provide for a possibility for Member States to establish, taking into account their national context, mechanisms to provide access to personal electronic health data of natural persons who have exercised their right to opt out, to ensure that complete datasets can be made available in those situations. Such mechanisms should comply with the requirements established for secondary use under this Regulation. Scientific research for important reasons of public interest could for example include research addressing unmet medical needs, including for rare diseases, or emerging health threats. The rules on such overrides should respect the essence of the fundamental rights and freedoms and be a necessary and proportionate measure in a democratic society to fulfil the public interest in relation to legitimate scientific and societal objectives. Such overrides should only be available to health data users that are public sector bodies, or relevant Union institutions, bodies, offices or agencies, entrusted with the performance of tasks in the area of public health, or to another entity entrusted with the performance of public tasks in the area of public health or acting on behalf of or commissioned by a public authority, and only where the data cannot be obtained by alternative means in a timely and effective manner. Those health data users should justify that the use of the override is necessary for an individual health data access application or health data request. When such an override is applied, the safeguards under Chapter IV should continue to be applied by health data users, in particular the prohibition of re-identification or attempting to re-identify the natural persons concerned.