The following article is written about the personal data management in the health care and consists of four parts. The first part of the article gives a short introduction about the personal data management in connection with the health care.

The second part describes the concepts of the health data management. It is worth to note that, this part discussing not just the basic concepts of the data management but also those special notions which emerges rather in the field of the health care data management. First of all, the basic concepts of the GDPR will be discussed. These concepts are in the tight connection with the notions of the Info Act.

The third part of my article gives a short summary about the legal base of the health care data management and their applicable principles.

The fourth part of my article describes of the legal background of the health data management which shall be applied in the health care. This part also discuss those rules of the Health Care Act in force, which are in connection with the data management.

I. About the data management of the health care in general

In today’s information society it is indispensably important the accurate, adequate and safe personal data management. The secure personal data management as also important in the health care as in the other fields of the life. The safe health data management is very important in the health care, because every single (sensitive) personal data will be recorded here. The right to life and human dignity are fundamental rights and because of their delicate nature, they are benefited increased protection. Pursuant to the Fundamental Law of Hungary (hereinafter: FLH) Article II: ,,Human dignity shall be inviolable. Everyone shall have the right to life and human dignity; the life of the fetus shall be protected from the moment of conception.” The same statement can be found in the Act CLIV of 1997 on the Health Care (hereinafter: HCA or Health Care Act). According to the HCA Sec. 10 (1) ,,The right to human dignity of the human shall be kept in respect during the health care.” The patients fundamental rights are protected by the State in this way.

The human, in this case, the patients are embodied by the personal data. The personal data as personality rights show the human as living being, in their full complexity. In the health care the submitted personal data are very sensitive. These personal data make the patients completely identifiable during the health care from the birth data through the determined diagnosis to those data which are contained by the treatment plan. These personal data belong to the patients privacy. No one can know about these personal health data except the doctor or any health expertise.

The Life Science and Pharmaceutical Law (aka. Health Law) is a mixed field of law because it includes the main fields of law, such as: the Administrative Law, the Criminal Law and the Civil Law. In addition to the public law nature of the Health Law it must be taken account its private law nature in detail, during the personal data management too, because the patients are in civil law (aka. private law) relationship with the health care provider when they are receiving the treatment. On the other hand, in legal relationship of the health care institutions (aka. health care provider) and the patients, the primary standpoint is the enforcement of the patients personality rights (e.g.: personal data). These rights are not only fundamental rights, but personality rights too. In this legal relationship, the patients will be identified through their personal data.

The health care is available in the state sphere (aka. public health care sector) or in the private health care (aka. private health care sector). The patients choose any options, but the appropriate and safe data management is the obligation of every single health care provider given by the law.

As the result of the above-mentioned facts, in the further parts of my article will summarize in essence the concept of the personal data, the sphere of the personal data or the method of their storage and management.

Source: pexel.com

II. Legal alignment

Since 25th May 2018 the regulation of the data management has become stricter because the legal framework of the Member State were replaced by the uniform Union legislation. It means that the Data Protection Directive 95/46/EC was replaced by the uniform European Union General Data Protection Regulation No. 2016/679. (hereinafter: GDPR). This decree has been entered into force since 2016 but it shall be applied since last year, 25th May in the Member States of the European Union. During the legal alignment in Hungary, the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (aka. Info Act) was adjusted to the GDPR. The Info Act. Sec. 1 sets out its purpose. Pursuant to the Info Act. Sec. 1 ,,The purpose of this Act is to lay down the fundamental rules for data processing operations within the categories it covers with a view to ensuring that the right to privacy of natural personsis respected by data controllers, and to enforcing the right to have access to and disseminate information of public interest and public information to ensure the transparency of public affairs.” The Info Act Sec 1 is aligned to the GDPR Article 1 which is proved to us by the fact that this Act is intended to protect the right to privacy of the natural person or aka. data subject. The GDPR emphasize the same standpoint, when it describes that it protect personal data of the data subject. Both laws put the protection in the foreground. It can be seen well that the personal data are the part of the privacy. At the same time the concept of personal data and the concept of privacy are synonyms. It can be perceived a small difference between both words. The Info Act determines the notion of privacy in a broader sense because the privacy does not only just exactly includes the personal data of the particular natural person such as name, residence, phone number, political and religious views, body weight, blood type, etc. but it involves also other data which refer to the private life such as the right to protection of privacy or those data which refer to the family life of the particular person. However the legislator considered these two notions synonym in terms of the data protection legislation.

The Info Act follows the provisions of GDPR regarding to the basic concepts, the principles, the lawfulness of processing, the consent to the processing or the rights and obligations of the data subject taking into account its specific characteristic in its Sec. 3-19. These general rules and conceptual definitions shall be applied during the health care data management by the particular health care provider.

Next to the GDPR and the Info Act, the data management is regulated directly by the Act XLVII of 1997 on the Management and Protection of Health and Related Personal Data (hereinafter: Health Personal Data Act, aka. HPDA) in Hungary while the other related decrees of the health care regulate indirectly the data management. The direct regulation means that the above-mentioned laws shall be applied to the data management in the health care. For instance: Fundamental Law of Hungary – FLH, Health Care Act – HCA, Health Personal Care Data Act – HPDA, Info Act and GDPR. The indirect regulation means that those laws shall be applied which are needed in a special-part field of the health care beyond the general data of the patients which are characterized to the particular field of health care. Basically the indirect regulation also intended to protect the personal data of the patients but here more special data will be given which are characterized to the professional field of the health care. The legislator also wants to protect these rights by the creation of the relevant legislation. Here is some examples from the sphere of the special data regulation: Decree of Ministry for Human Resources 5/2016 (29 Feb) on the Announcement and Order of the Related Interventions of Particular Prosthesis or Decree of Ministry for Human Resources 1/2014 (16 Jan) on the Report Order of the Infectious Diseases, etc.

It is very important that during the data management, the health personal data of the data subject, in this case, of the patients shall be respected maximally by the health care provider (e.g. clinic, hospital, private practice, center for diagnostic, etc.). Not only the related rules of data management and data subject belong here which are laid down in the GDPR and Info Act, but also those rules which are related to the rights to personality of the Act V of 2013 on the Civil Code (hereinafter: CCA). These rules can be found in its Sec. 2:42-55. Because of the sensitivity of the personal data especially the health care data, it is very important that the listed laws and decrees shall be taken account by the controller and processor.

During the health care data management, the following laws shall be applied by the health care provider:

  • Fundamental Law of Hungary (FLH);
  • European Union General Data Protection Regulation (Decree No. 2016/679 of The European Parliament and the Council);
  • Act CLIV of 1997 on the Health Care (HCA);
  • Act XLVII of 1997 on the Management and Protection of Health and Related Personal Data (HPDA);
  • Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (Info Act);
  • Act V of 2013 on the Civil Code.

In the second part of my article the general definitions will be discussed.

Source: GDPR, Info Act and the above-mentioned laws and decrees.

The Sports Law is a widespread field of law, which includes the main fields of law. For instance: Civil Law, Criminal Law, Constitutional Law or Administrative Law.

The Sports Law not only consists of the traditional fields of law. It also includes the following fields of laws: Health Law, Insurance Law, International Law, International Private Law, Competition Law, Public Procurement Law, etc.

It can be seen well, that the Sports Law is a mixed specialized field of law which covers almost every fields of laws. The Sports Law is a relatively young field of law, which is for today a separate, individual professional field in the legal science.

I. Introduction; the short story of the sport as legal institution

The sport has been exist for long time, but its legal regulation was formed later. The Sports Law was formed precisely in the end of the 18th and the beginning of the 19th century. This time has evolved the classical rights of freedom and later the political and civil rights. The citizenry was meant the same with of the notion of the nation. The right of freedom and political rights were not just behooved to the individual, but the nation too. This rights are called first-generation fundamental rights. This rights are for instance: the right to life, the right to human dignity, right to personal liberty, the right to assembly, etc.

In 19th century, the social state was established and began to take care of its citizenry. The second-generation rights were emerged. This rights are the social rights, for instance: right to employment and right to health care, etc.

The healthful services have evolved with the institutionalization of the right to health care. The sport was such an activity.

Internationally, the sporting legislation evolved in the 20th century. On 16th December 1966 the United Nations (hereinafter: UN) General Assembly adopted International Covenant on Economic, Social and Cultural Rights, its Article 12 states that ,,the States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” [Princzinger, 2010.] The same aim is formulated in the UN Convention on the Rights of the Child too (20th November 1989). The international basis of the Sports Law was created by the adoption of these two conventions. By the ratification of these two conventions, their contents were compulsory for the member States. The contents of these two conventions gradually implemented into the particular member States national sporting legislation regulation.

In Hungary before and after the Reform Age (1825-1848), the physical activity and the physical education were regulated by one-one draft act, but they were not made mandatory. During the Bethlen Consolidation (1921-1931) the Act LIII of 1921 on the Physical Education was adopted, which was marked the physical education as a State task. In the Socialism the sport was under State control. It can be seen well, there was not unified sport legislation.

For the first time in Hungary, unified sport legislation emerged after the regime change. The basis of the sport legislation was created by the Act XX of 1949 on the Republic of Hungarian Constitution (hereinafter: old Constitution). Its Sections 67 (1) and 70/D (1) gave entire existence to the Sports Law in the frame of the State.

The Constitution ,,Article 67 (1) In the Republic of Hungary all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development.”

The Constitution ,,Article 70/D. (1) Everyone living in the territory of the Republic of Hungary has the right to the highest possible level of physical and mental health.”

,,(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.”

In Hungary on 1st January 2012 entered into force the Fundamental Law of Hungary. The Fundamental Law of Hungary, Article XX states the following:

,,Article XX (1) Everyone shall have the right to physical and mental health.”

,,(2) Hungary shall facilitate the enforcement of the right referred to in Paragraph (1) by ascertaining that the agricultural sector is free of all genetically modified organisms, by providing access to healthy foodstuffs and potable water, by the protection of occupational health, by health care institutions and medical care, by supporting sports and regular physical exercise, as well as by ensuring the protection of the man-made and natural environment.”

It can be seen well that the contents of the two sections are the same aside from small differences. Next to the two Constitutions, the Sports Law were regulated by two former law and nowadays this field of law is regulated by one new applicable law. The two former laws after the regime change were the Act LXIV of 1996 on the Sports Law and the Act CXLV of 2000 on the Sports Law. These laws were repealed. Today, the Sports Law is regulated by the third law which is the Act I of 2004 on the Sports Law (hereinafter: Sports Act or third Sports Act). 

So today the Sports Law is regulated by the Fundamental Law of Hungary and the third Sports Act. Next to these two laws, this field of law is regulated further more other laws and decrees.

In the last 30 years after the regime change, the three created and enacted Sports Act show well that the regulation of the Sports Law got stable basis since a unified act regulates the Sport as an equipment of the healthy life.

All in all, based on this short story of the Sport, it can be stated that for today, the Sports Law is a mixed field of law in the legal science.

Source: 2sec.com

II. The concept of the Sports Law

The Sports Law is a set of legal norms which governing sport. The Sports Law entirely regulates the physical exercise and the body-building  activity. 

According to the European Sports Charter Article II: ,,”Sport” means all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels.”

The set of rules of the Sports Law is consisted of legal norms like other fields of law. The norm is general rules of conduct which is the smallest element of the law that can bear meaning. The norm has three parts: the hypothesis (condition), the disposition (facts) and the sanction (legal consequences).

III. The legislation of the Sports Law

As previously referred, the Sports Law is a mixed field of law which is regulated by many another law. Here is a short list of the most important acts and decrees.

  • Fundamental Law of Hungary
  • Act I of 2004 on the Sports Law
  • Act V of 2013 on the Civil Law
  • Act C of 2012 on the Criminal Law
  • Act I of 2012 on the Labor Law
  • Act CLIV of 1997 on the Health Care
  • Act LXV of 1996 on the Arrangement of Property for Sport
  • Government Decree 39/2004 (12 March) on the Liability for Sport Disciplinary
  • Government Decree 43/2011 (23 March) on the anti-doping activity
  • Government Decree 41/2004 (12 March) on the Olympic Life Annuity
  • Decree of Ministry for Sport and Youth (MSY) 7/2001 (4 Oct) on the Employment of Young Worker with Compulsory Education for Sport, etc.

List of the literary sources:

  1. Princzinger Péter: Sportjog I. Budapest, ELTE Eötvös Kiadó, 2010.
  2. Sárközy Tamás: Magyar Sportjog – Az új Polgári Törvénykönyv után. Budapest, HVG ORAC Lap-és könyvkiadó Kft., 2015.
  3. Nemes András: Jogi és sportjogi ismeretek. Budapest, HVG ORAC Lap-és könyvkiadó Kft., 2011.
  4. European Sports Charter Article II
pexels.com

Yesterday not an everyday event happened with my former primary school class mate, Roland D. Rosta. He was appointed and elected as a leader of the Boxing Division of MAFC (Hungarian Athletics and Football Club, hereinafter: MAFC) Sports Club by the decision of the presidency of the sports club. All of my congratulations to this great performance. I have known Roland since 2003. He was a great and condign athlete, who did the boxing competitively well in the past few years.

He started to deal with this sport during his primary school years. During his active athlete’s years, he decided that he establish an own sports club, whose name is Rosta Boxing Team. He began to teach the youths for boxing. He developed continuously his club as a well-known small and homely community. Nowadays his sports club is expanded greatly. The club has got lots of box athlete and his enterprise is working very well. His club’s development and his persistent work gave him the opportunity to become a well-known and noted trainer.

Now this reputation has brought its result. The MAFC Sports Club contacted him and also appointed him to the leader position of the boxing division of the club. The presidency of the MAFC made the decision yesterday and the elected Dr. Roland D. Rosta as a Head of Boxing Division of the MAFC. It is good to know that, the MAFC Sports Club Boxing Division was for a while out of services, so the athletes had not got opportunity to choose this brilliant sport at this sports club. Now here is the opportunity to take a chance and choose this marvelous and hard sport.

I think and I believe that Roland will able to conduct this division and develop it to the highest level among the other well-known boxing divisions. He will also able to teach the hopes of the future box athletes to the craft of the boxing. First of all, I want to wish good luck to Roland and once again all of my congratulations to his successful election.

Budapest, on 19th July 2019.

Best regards,

Zoltán Ferenc Samkó J.D.
Health and Sports Lawyer

FENCING


Today the FIE World Championships BUDAPEST 2019 started. This event also a qualifying occurrence for the next year’s TOKYO 2020 Olympic Games. The Fencing World Championships lasts at Budapest, Hungary in BOK Sports Hall (aka SYMA Sports and Conference Centre) from 15th to 23rd July.

According to the information of the2019budapest.com, the Hall ‘A’ will serve as the home and main building, hosting the FIE World Fencing Championships.

The event will be spectacular and provides a diverse program for visitors. The Hungarian team is represented at the event. We can cheer for the big ones like Áron Szilágyi, András Szatmári, András Rédli, Gergely Siklósi or Liza Pusztai, Anna Márton, Luca László and etc. The tickets are already available to the event.

The whole event can be followed on the internet on the above-mentioned link or M4 Sport TV channel too.

The whole schedule of the event is available down below of the page.

The schedule of the event:

Do not miss the FIE event, it is worth to follow it!

Best regards,

Zoltán Ferenc Samkó J.D.
Health and Sports Lawyer


The source of the picture are the webpages of the Hungarian Fencing Association and the FIE.

SWIMMING

The 18th Gwangju FINA World Championships 2019 begins today. The Hungarian Team is represented by 30 athletes, which consists of 24 swimmers who will race in the pool and 6 swimmers who will start the program on open water. The World Championships takes place at Gwangju, Korea form 12th to 28th July. The whole event will be broadcasted by M4 and M4 Sport TV channels.

The big part of the team members have already arrived to the venue. The program of the swimmers will be launched on 21th July, Sunday.

The program of the event is varied. The program can be followed, by downloading the full program bulletin down below of the page.

Budapest, on 12th July, 2019.

Best regards,

Zoltán Ferenc Samkó J.D.
Sports Lawyer


The source of the picture: www.fina.org
The poster is made by the FINA

I was a witness of a great and spectacular sports event on Saturday, 11th May, 2019. Since, the awaited FINA CHAMPIONS – SWIM SERIES was held in Danube Arena on this marvelous evening at 8 p.m. The first day of this sports event had surprises for the audience. Our country was represented by 10 athletes. The members of the Hungarian Team were by name the following athletes: Kristóf Milák, László Cseh, Ajna Késely, Katinka Hosszú, Zsuzsanna Jakabos, Eszter Békési, Dominik Kozma, Katalin Burián, Péter Bernek and Boglárka Kapás. Besides the Hungarian Team, well-know foreign swimmers were represented in this event. For instance: Sarah Sjostrom, Matt Grevers, Mireia Belmonte, Chad Le Clos, Yuliya Efimova, Anton Chupkov, Emily Seebohm, Anthony Ervin, Frederica Pellegrini, Chase Kalisz or Pernille Blume and I could list the further names. Unfortunately, I could only go to the first day, but it was also a great experience.

The Danube Arena

The FINA CHAMPIONS – SWIM SERIES started with the Hungarian Anthem and after that the opening speeches were held by Dr. Tünde Szabó, Minister of State for Sport, Dr. Julio C. Maglione, FINA President and Dr. Sándor Wladár President of the Hungarian Swimming Association. After the opening ceremony the athletes entered to the pool area with the Hungarian Team. As I mentioned before, the Hungarian Team consisted of 10 members. During the event, the lights were sparkling and flickering. Besides this, the Danube Arena was in true color palette and it has almost blown up, because of the great atmosphere. In  short: the mood was very good.

The first lap was the Women’s 400 m Freestyle. This lap was won by Ajna Késely with the time of 4:05.92. The next lap was the Men’s 200 m Butterfly, which was won by Kristóf Milák with the time of 1:53.64. According to the announcer, it was the best time of the year for Kristóf Milák. László Cseh ranked the 4th place with a nice swimming.

In 200 m Women’s Breaststroke, Eszter Békési finished the lap at the 2th place with the time of 2:27.54. It is an individual best time. In 200 m Women’s Backstroke, we had also two starters: Katinka Hosszú and Katalin Burián. This lap was won by Margherita Panziera (ITA), Katinka Hosszú finished at 2nd place with the time of 2:08.16 and Katalin Burián ranked at the 4th place. The penultimate lap was the Men’s 200 m Freestyle, where Dominik Kozma finished the 3rd place with time of 1:47.12. By the way, this lap was won by Danas Rapsys (LIT).

Dr. Julio C. Maglione FINA president held his opening speech.

The Medley Relay was held at the end of the program. Ajna Késely started in one team, while László Cseh started the lap in the other team. This lap was interesting, because the athletes were selected randomly into the teams from 1 to 4. Finally, the team 1 won this lap.

The great international athletes also did a great performance on Saturday evening. I have to highlited Sarah Sjostroem (SWE), who firstly won the Women’s 100 m Butterfly and after some lap, she also won the Women’s 100 m Freestyle. Yuliya Efimova (RUS)  confidently won the Women’s 200 m Breaststroke. As I mentioned before, Eszter Békési finished this lap in the 2nd place. In Men’s 50m Freestyle Benjamin Proud (GBR) reach the wall first. The Men’s 100 m Backstroke is won by Jevgenyij Rilov (RUS). In Men’s 50 m Freestyle the veteran, great athlete Nicholas Santos (BRA) finished in the first place. All in all, it is worth mentioning about the Men’s 200 m Individual Medley. In this lap Jeremy Desplanches (SUI) finished in the 1st place, and Chase Kalisz (USA) ranked the 2nd place. I could even mention some further great names, but I have not got enough opportunity, due to the content limits.

The beginning.

Summarize the whole program of the first day evening of the FINA CHAMPIONS – SWIM SERIES: it was marvelous and fantastic sports event. I have had a great experience. It was wort to going out and watching the excellent performance of our athletes. Although I could go only on Saturday, but it was worth it! The mood was excellent and the Danube Arena almost blew up. Besides the aforementioned facts, the organizing of the event was still perfect. The next big sports events in the swimming world will take place in Gwangju between 12th-28th Juli 2019.  This event is the FINA WORLD CHAMPIONSHIPS.

16th May 2019., Budapest

Zoltán Ferenc Samkó J.D.
Health and Sports Lawyer


The Act I of 2004 on the Sport (Sports Act) has been amended!

As a member of the SPORTJUS Hungarian Association of the Sport Law and as a Sports Lawyer, I am committed to inform every single athlete about the recent past amendment of the Sports Act, based on the information of the SPORTJUS. The Hungarian Assembly submitted the government’s bill No. T/3371. on 10th December 2018. which is amended the Act I of 2004 on the Sport (Sports Act).

The government’s bill has already been submitted and published since more than 4 months, but I could not present it in the recent past period because of the temporary out of service of my website and its following renovation. If someone was not  informed about the December amendment of the Sports Act, it can be viewed at down below of my article in PDF format.

The amended Sports Act contains some new interesting legal institutions. I will list some of them for instance: the new sports academic system, the registered leisure athletes. Next to the aforementioned legal institutions, new rules have also been introduced. Such a new rules are for instance: the rules of the data processing of the athletes, the State aid for TAO (Corporation Tax) and the State aid for the spectacle (sight) team sport, State aid for Sport, Olympic life annuity, the provisions of the security of the events for Sports, the organizer of the Sports events, the data for the system of the sports information, the rules related to the annuity for the trainers and the amended rules and its supplements for the anti-doping, etc.

It is very important for the sport experts, especially to the sports organizers and the professional leaders the interpretation about these new rules and provisions of the Sports Act, because they are necessary to their everyday work. In case of any further questions, they can ask for help from a sports lawyer expert.

You can find down below the government’s bill No. T/3371 in PDF format. The document is available in Hungarian.

30th April 2019. at Budapest

Best regards,

Zoltán Ferenc Samkó J.D.
Sports Lawyer

Hungary is once again organizing a prestigious world event in Danube Arena at Budapest on 11-12th May 2019. This event is Fina Championships Swim Series. The newer success is behooved to the Hungarian sport diplomacy in swimming. After the event of the 2017 Fina World Championships, we take part again in a newer unforgettable occasion in Danube Arena.

This sport events takes place within the framework of the Champions Swim Series. The Hungarian Team is represented by Katinka Hosszú, László Cseh, Ajna Késely and Kristóf Milák.

The excellent atmosphere is guaranteed, thus I encourage everyone to be there at the event. The tickets are available on the webpage of https://www.jegymester.hu/eng/Production/56300/FINA-Champions-Swim-Series. It is worth to being there. Besides the Hungarian swimmers there will be also the all star swimmers in this sport event. We can follow the sports event in live from the pool shore. So, the excellent atmosphere is guaranteed, therefore it is worth to be there.

On 15th April 2019., Budapest

Zoltán Ferenc Samkó J.D.
Sports Lawyer; member of the SPORTJUS

The Hungarian Sport society has lost one of its greatest athlete, Győző Kulcsár. He died after the age of 77, in a long, serious illness. He was a real exemplar for everyone. Győző Kulcsár was not also a great athlete, he was also a good educator, a great master. He taught the future generation to the craft of the epee with great love and patience. Therefore I think, I will share the article about him, which was published in Magyar Idők on 21th September 2018. The article was written in Hungarian. If you would like to know more information about him, please visit the website of the Hungarian Olympic Committee. In the near future, I will write an article about him.

The article about Győző Kulcsár, which was written in Hungarian in the Magyar Idők.

The Interpol and IOC have held meeting in Qatar to work together for integrity of the sport. The aim of this meeting is joint working and collaborating between the IOC and the Interpol to preserve the integrity of the sport and promoting the crime prevention in the sport. At the same time, the aim of this meeting was to create the cooperation between the law enforcement authority and the sport organizations (sport clubs) with assessing the legislative problems and  presenting the practical examples. If you are interested in the article in details, please read it down below on the link.

The source of the article:
The article is presented by SPORTJUS Hungarian Sports Lawyer Association. The article is published on the Interpol website. Click here to read it.

 

Best regards,

Zoltán Ferenc Samkó J.D.
Labor and Sports Lawyer