Smartphones in psychiatric wards may lead to a personal data breach

The President of the Personal Data Protection Office, Mirosław Wróblewski filed a petition with the Minister of Health, concerning the introduction of systemic changes in the access to mobile phones by patients of closed psychiatric wards. Although the supervisory authority does not have a legislative initiative, due to the seriousness of the problem, it has declared its readiness to provide expert support should the legislative work in this area be undertaken.

A petition drafted by a patient’s family indicates that the situation is particularly sensitive as it concerns the image and personal data of patients as well as sensitive health data. The authors stressed that the use of smartphones in closed wards has not yet been regulated, which in the case of unrestricted access poses a serious threat to patients’ rights – their privacy and the preservation of information autonomy.

Patients staying in medical facilities have the right to contact other people by phone or correspondence. At the same time, today's smartphones also allow audio and video recording and immediate publication or direct transmission of content on social media, as well as the use of online services – which undoubtedly goes beyond fulfilling the need to contact loved ones. On the other hand, unauthorised publishing of patients' health information constitutes a violation of the provisions on the protection of personal data.

In addition, patients in closed psychiatric wards may present reduced ability to assess the effects of their actions. As highlighted by the petitioners: ‘The effects of such publications may be irreversible and have significant consequences also after hospitalisation.’