Article 7:458 Dutch Civil Code, Book 7

Paragraph 1

By way of derogation from Article 457(1), information about the patient or access to the data from the file may, on request, be provided to another person for the purposes of statistics or scientific research in the field of public health without the consent of the patient if:

1. asking for consent is not reasonably possible and, with regard to the conduct of the research, such safeguards have been provided that the privacy of the patient is not disproportionately harmed, or

2. asking for consent cannot reasonably be required, having regard to the nature and purpose of the research, and the care provider has ensured that the data are provided in such a form that tracing them back to individual natural persons is reasonably prevented.

Paragraph 2

Provision in accordance with paragraph 1 is possible only if:

1. the research serves a public interest,

2. the research cannot be carried out without the data concerned, and

3. in so far as the patient concerned has not expressly objected to the provision.

Paragraph 3

Where data are provided in accordance with paragraph 1, a record of this is kept in the file.