TestAankoop analyses privacy policy of healthcare apps

24/01/2020

Test Aankoop analysed recently 14 nutrition and healthcare apps carefully (Yuka, Lifesum, Open Food Facts, etc.) to explore how much they respect the General Data Protection Regulation (GDPR) . Read the article.

Among the 7 healthcare apps, there are 2 apps that received the mHealthBelgium label and that are currently mentioned on the portal under level 1, namely mySugr en SkinVision. The tests of Test Aankoop revealed that 4 of these apps, among which SkinVision, are clearly clashing the GDPR. The consumer organisation hence has filed a complaint with the Data Protection Authority (DPA) for these apps. In case the DPA would judge that they indeed are infringing the GDPR, mHealthBelgium will remove SkinVision from the portal, but until  the principal of innocence stands.

Therefore, we stress again the 3 criteria that have to be fulfilled before being allowed to be visible on the mHealthBelgium portal:

  • CE marking as medical device
  • notification of the app as mhealth application in the FAMHP database
  • GDPR compliance

The first 2 criteria are hard to check, being presenting the right documents on the one hand and a verfication in the FAMHP web portal on the other hand. Only criterium 3 is impossible to check by mHealthBelgium itself and as a consequence one uses a self-declaration by the app manufacturer / distributor. Moreover, the GDPR is a European regulation and therefore always and anytime applicable, also when not registering on mHealthBelgium.

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