Recital 63

This Regulation does not create an empowerment for the secondary use of health data for the purpose of law enforcement. The prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties by the competent authorities should not be among the secondary use purposes covered under this Regulation. Therefore, courts and other entities of the justice system should not be considered health data users for the secondary use of health data under this Regulation. In addition, courts and other entities of the justice system should not be covered under the definition of health data holders and should not therefore be addressees of obligations on health data holders under this Regulation. Moreover, the powers of the competent authorities for the prevention, investigation, detection and prosecution of criminal offences established by law to obtain electronic health data are unaffected by this Regulation. Likewise, electronic health data held by courts for the purpose of judicial proceedings are outside the scope of this Regulation.