The Client Data Act harmonises the provisions on information management in health care and social welfare. The Act also harmonises and clarifies matters such as client and patient data sharing and the processing of patient data recorded in social welfare services.
Impacts of the Client Data Act
Information about the Kanta Services means providing the client with information about the Kanta Services and about how their data is processed in health care and social welfare services, along with how the client can have a say in how their data is shared. This information is provided because the client has the right to know about the use of their client and patient data and about any changes in the way their data is processed. Before patients and clients can have a say in how their data is shared, they must be provided with information about the Kanta Services.
Information about the Kanta Services is given to everyone who has not previously received this information. It is also issued again whenever statutory changes are made to its content. The need to provide new information about the Kanta Services will be communicated separately.
- Read more about information about the Kanta Services
By the end of 2023, versioned information about the Kanta Services and consent to data sharing must be introduced in health care information systems. These changes to information about the Kanta Services and consent to data sharing entered into force on 1 November 2021.
The consent is also applicable to data sharing outside Kanta
Patient data is shared primarily through the Kanta Services. If this is not possible, data may be shared within a system locally, in other electronic means or on paper, for example. With the new Client Data Act entering into force on 01/01/2024, the consent to data sharing in Kanta is also applicable for data sharing outside Kanta. These include, for example, paper copies of patient records or data transmitted electronically by other means than through Kanta.
- Read more about consent to patient data sharing
Prescription data may be shared with to social welfare and healthcare service providers in situations related to treatment without separate consent. Also patient data may be disclosed directly to another health care provider agreed upon with the patient if the patient data is considered necessary for the organisation and implementation of health care services. Consent to patient data sharing is not required in this situation.
Changes to denials of consent
Customers can restrict the sharing of their data between health care service providers by setting up denials of consent to data sharing. As of 2 January 2024, clients can also set a comprehensive denial of consent to data sharing, which prevents the sharing of all of their patient data between service providers and registers. The comprehensive denial of consent applies to both existing and future data.
Previously, only denials of consent specific to service events could be set up on private health care data. With the Client Data Act, the customer also has the right to set up denials of consent concerning private occupational health care registers, which prevents the sharing of the data contained in the entire register.
The denials of consent set up by a client must also be taken into account when data is being shared outside of Kanta
The Client Data Act obliges all public and private social welfare service providers to join the Client Data Repository for Social Welfare Services. Social welfare service providers must deploy the Kanta Services within the transition periods.
Sharing of social welfare client data
When social welfare service providers implement the Kanta services with information systems that comply with the requirements of the Client Data Act, it will be possible to share social welfare client data between social welfare service providers.
In social welfare services, the obligation to provide information begins when the service provider joins the Kanta Services and has a system in place that enables the sharing of data within the sector.
In MyKanta, citizens can give their consent to client data sharing and set up denials of consent. The consent to data sharing can also be granted in person at the social welfare service provider’s premises once the required information systems have been taken into use.
The consent to social welfare client data sharing can also be applied to data sharing outside of the Kanta Services. In addition, any denials of consent to the sharing of data stored in Kanta must be taken into account when sharing data outside of Kanta.
The sharing of data outside Kanta between social welfare and health care divisions has been based on the client's consent. When the new consents to data sharing between different divisions in Kanta become available, they will also become application in data sharing outside Kanta.
In the consent to data sharing, the client specifies what data may be shared by social welfare with health care and vice versa. More detailed specifications on the allocation of consents will be included in a forthcoming Ministry of Social Affairs and Health decree on the processing of client data.
Data sharing between services will be available by 1 March 2027.
When a private social welfare or health care service provider ceases its operations, it must submit the documents included in its register to Kela for storage as of 01/01/2024. The obligation applies to both electronic and paper data. After this, the obligations of the data controller are divided between Kela and the wellbeing services county or the City of Helsinki in whose area the service provider's domicile was located.
Patient data generated in social welfare can be stored in the Patient Data Repository from 1 January 2024. The transition period for the change ends on 1 March 2027. The change also applies to old patient records in social welfare services.
The upcoming changes to the Kanta Services arising from the Client Data Act will come into effect in social and health care services in phases.