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the complaint related to the presumed disloyal collection of data, without consent nor information, is filed. The archive bases itself on the application of the principle of presumption of innocence.
There is not any element that allows to maintain that the accusing person did not loan its consent -or by itself, or for representation- for the treatment of its data.
The informative clause complied suitably with the article 5 of the LOPD.

The access to files of a hospital on the part of the company that manages the attention to foreign persons in this hospital, is not a communication of particulars when there is a contract of person in charge of the treatment, as it was the case here analyzed.

The hospitals can facilitate the number of room of the patient to the persons linked to this, for family reasons or as a matter of fact, who accompany it in the welfare process, except that it is them evident that the affected one opposes to this information being facilitated. Regarding the rest of persons who request to know the room where a patient is found hospitalized, the patient has to authorize in the center to communicating this information. It is advisable articular a protocol so that the workers of the center know properly to proceed in these cases.

So that any third person different of the patient (how the lawyer can be, in the case brought up), he can access the HC of this, it is necessary that this person proves its identity and habilitation in front of the center sanitary, or through the form of the center itself, or of notarial powers, already they are general or special. The persons linked to the patient for family reasons or as a matter of fact can access information of health of the patient, in those cases in which, to criterion of the doctor, the patient does not have capacity to take charge, without the need for having notarial powers. This, without harm that these persons will have to identify and prove its condition of relative or the linking with the patient.

The noncompliance reiterated of the requirements for the Authority so that the law of access was made effective, after this law had been estimated formally in dictated resolution in a procedure of rights protection, is constitutive of the severe offense of hindering upward from access.

The psychologists that, as sanitary professionals, they can be part of the EAP of penitentiaries, in so far as they take part in the provision of integral sanitary assistance to the internal persons in the foreseen terms to the regulations, they have to be able to access determinate data of the clinical history (HC), through the platform ECAP or for other mechanisms –including data of drugs analytics, if it is proper-, whenever the access is necessary for the provision of this assistance (art. 5.1.c) RGPD). The psychologists who, without being part of the EAP, develop functions in the penitentiaries not related with the provision of integral sanitary assistance to the internal persons, should have the consent of the affected persons, or of another legal basis that legitimates the access to the data of health contained in the HC, if it is proper, through the ECAP.

a sheet of prescription of an orthopaedics that belonged to another patient is considered that the denounced entity harmed the duty of secret when giving to the accusing person, the particulars of this other patient developing in this way (identification of the patient with name and surnames, age, birth date, no. CIP, date of admission and prescription of the ortopedia)

The complaint is filed because evidence of unjustified accesses to l'HC of the accusing person is not observed.

The ICS is accused of the severe offense to hinder the law of access of the complaining person who was an object of the PT 10/2017. Several requirements in the ICS have been made so that it satisfied the law of access of the affected person but to date of today the documentation would not have been given in a complete way yet.

The complaint is filed in so far as the accesses to the clinical history justify themselves for welfare reasons.