1.
Non-personal electronic health data made available by health data access bodies to a
health data user in a third country under a data permit issued pursuant to Article
68 of this Regulation or a health data request approved pursuant to Article 69 of
this Regulation, to authorised participants in a third country or to an international
organisation, and based on a natural person's electronic health data falling within
one of the categories referred to in Article 51, shall be deemed highly sensitive
within the meaning of Article 5(13) of Regulation (EU) 2022/868 where the transfer
of such non-personal electronic data to third countries presents a risk of re-
identification through means going beyond those reasonably likely to be used, in
particular in view of the limited number of natural persons to whom those data
relate, the fact that they are geographically scattered or the technological
developments expected in the near future. |