The Electronic Health Record (EHR): Legal framework and issues about personal data protection

The right to protection of personal data has recently been redefined by the Regulation EU 2016/679, which has also introduced innovations on data concerning health. In this framework the Author, after a short mention of the experience of the health dossier, examines carefully the development of the Electronic Health Record (EHR) in the Italian legal system, throughout Parliamentary Acts, Ministerial Regulations and Data Protection Authority's (DPA) contributions with guidelines, prescriptions and opinions. The purpose is to demonstrate that the debate among the main institutions involved, including the DPA, supports a better balancing of all the interests, starting from the right to protection of personal data.