General Data Protection Regulation (GDPR) provisions in line with cancer prevention — screening invitations in Poland are legal and highly justified
Year: 2025
Type: article
Abstract: Introduction. Cancer is one of the leading causes of mortality in Poland and across the European Union, with breast, cervical, and colorectal cancers accounting for a substantial proportion of cancer deaths. Despite the availability of publicly funded population-based screening programmes in Poland, participation rates have remained far below the 70% threshold required for meaningful population-level impact. One critical factor undermining uptake has been the discontinuation of personalized screening invitations, halted in 2017, partly due to misconceptions regarding the General Data Protection Regulation (GDPR). Objective. This article evaluates the legal and public health rationale for reinstating systematic invitation mechanisms in Poland’s cancer screening programmes. It clarifies GDPR provisions governing the processing of personal data for public health purposes and presents evidence supporting invitation-based approaches to increase screening participation. Methods. We reviewed Polish legal acts governing personal data processing in the healthcare sector, including the Medical Information System Act (2018) and the Act on Healthcare Services Financed from Public Funds (2004), in the context of GDPR. In parallel, we examined international evidence on the effectiveness of invitation letters and other call-recall mechanisms in improving screening uptake. Results. Legal analysis confirms that GDPR does not preclude the Ministry of Health from processing personal data for the purpose of sending screening invitations. Article 6(1)(e) of GDPR allows processing when necessary for tasks carried out in the public interest or in the exercise of official authority. Polish law explicitly authorizes the Minister of Health to use personal data from the Medical Information System (SIM) for health promotion and disease prevention, including organized screening programmes. International evidence consistently demonstrates that personalized, pre-scheduled invitations significantly improve screening participation, reduce disparities, and ultimately lower cancer mortality. Conclusions. Reintroducing organized invitation systems in Poland is both legally permissible and strongly justified from a public health perspective. GDPR, when correctly interpreted, supports rather than restricts the use of personal data for cancer prevention in organized screening programmes. A hybrid invitation model combining postal and digital channels is recommended to maximize outreach and improve screening coverage.
Source: Nowotwory Journal of Oncology
DOI: 10.5603/njo.107717
Authors: Paweł Koczkodaj, Marcin Fiałka, Juliusz Krzyżanowski, Piotr Rutkowski, Beata Jagielska
Language: English
Subfield: Oncology
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W7081990745
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