Genetic data and confidentiality, the Estonian experiment.

The protection of medical data and information about health in general is a vital principle in almost all legal systems in Europe. The interest in protecting the confidentiality of that information is of twofold nature: a. It expresses the general respect due to the privacy of the patient. This right to informational self determination 2 guarantees every individual free decision as to what medical and genetic data will be given to whom, at what time and on what conditions. Article 10 of the European Convention on Human Rights and Biomedicine specifically lays down the principle that everyone is entitled to the right to privacy and confidentiality of personal medical data. b. It is a crucial condition in order to preserve the patient’s confidence in the medical profession and in the health services in general. The European Court of Human Rights in the case Z v. Finland summarized the reasons justifying the protection of medical data in that sense: «Without such protection, those in need of medical assistance may be deterred from revealing such information of a personal and intimate nature as may be necessary in order to receive appropriate treatment and, even from seeking such assistance, thereby