The use of American IT systems in eastern Danish hospitals, particularly the Health Platform (SP) and Microsoft products, raises significant concerns about the vulnerability of sensitive patient data to access by American authorities. This situation is exacerbated by the USA’s status as an “unsafe third country” under EU law, highlighted by the Schrems II ruling, which deems US data protection insufficient against surveillance.
The risk stems from the fact that despite servers being located in Denmark, the legal and strategic control, as well as maintenance, support, and updates, are in the USA. This dependency means American authorities could potentially access personal health information without informing the Region or affected Danish citizens, creating a situation where trust in digital infrastructure is compromised.
The decision to implement SP in eastern Denmark, purchased from the American IT company EPIC, bypassed recommendations from computer scientists, health economists, and health professionals who favored a Danish-developed system already in use in western Denmark. This has resulted in two incompatible IT systems within the Danish hospital sector, hindering efficient data sharing and potentially impacting patient safety, such as in emergency situations requiring access to a patient’s complete medical history.
The situation is further complicated by the regions’ historical reluctance to cooperate on IT solutions, a problem also seen in the construction of super hospitals. The consequences include a more expensive, less user-friendly system in eastern Denmark compared to its western counterpart.
The authors argue for a national IT solution that complies with EU law, is independent of US companies and authorities, and is controlled by Danish or European entities. They suggest the Minister of Health use existing legal authority to mandate such a solution, emphasizing that digital sovereignty is not a luxury but a necessity for protecting the welfare society and ensuring the stability and security of critical infrastructure. They stress that the expertise exists within Denmark to create world-class IT solutions for the health sector.