RPO about the pregnancy registry – around the amendment of the Minister of Health

On 12 September 2024, the Ombudsman, Marcin Wiązek, made comments on the draft amendment of the Regulation of the Minister of Health, which aims to include information on pregnancy in the Medical Information strategy (SIM).

In 2022 an extension of the scope of data collected in the medical event registry was introduced, including information on pregnancy. This change caused concern among women who feared that information on the failure of pregnancy could be utilized in court proceedings, peculiarly in the context of tightened abortion laws. Both at the time and at present, erstwhile the subject was discussed again, the Ministry of wellness stressed that these data are of crucial importance from a medical position and are collected solely for wellness purposes, to which only authorised medical personnel and not officials have access.

The debate was besides attended by Prime Minister Donald Tusk, who then declared that a mandatory "pregnancy register" would not be introduced in Poland. wellness Minister, Isabella Lestin, informed about the “final decision” in this case, announcing that the ministry, after having previously defended the legitimacy of collecting these data, plans to change.

Amendment to the Medical Information System

The Ministry of wellness has asked the RPO for an opinion on the draft amendment, which assumes an work to include pregnancy information in the digital system, which would aim to better monitor patients' health. According to the document, this information would supply greater care for women's health, allowing doctors to more accurately diagnose and avoid prescribing medicines or studies that could harm the unborn child.

In his position, the Ombudsman recalled that he had already expressed reservations about akin proposals in 2022. In particular, they afraid the deficiency of adequate legal basis for the processing of data on medical devices, specified as contraceptives, e.g. intrauterine cartridges. He stressed that the amendment should include all women, not just those whose pregnancy is notified in the system. It is crucial that the Ministry of wellness re-examine the proposed changes and take into account the previously submitted comments of the RPO.

Register of pregnancy – protection of life or threat to privacy?

The proposal to introduce a pregnancy registry raises concerns on the part of pro-abortion environments, which in this regulation see the hazard of breaching women's privacy. In fact, this is simply a step towards more liable medical care for pregnant women. erstwhile pregnancy is officially recorded in the system, doctors can better adjust their care, avoiding prescribing inappropriate drugs or performing tests that could harm a developing child.

However, pro-abortion environments are afraid that the pregnancy registry can be utilized to ask uncomfortable questions. For example, a doctor who will announcement that the patient has late been pregnant but is no longer, may ask what happened to the child. Abortion supporters see possible moral force in this, but specified questions are justified – the question of what happened to an unborn kid is simply a question of life.

Despite the concerns of abortion supporters, who see a possible threat to privacy in the register, it is worth noting that the intent of this solution is primarily to defend life, which in Poland constitutes a superior value. all life deserves protection, and the pregnancy registry can become an crucial tool to support liable medical care and advance respect for an unborn child.

jb
Source: bip.brpo.gov.pl