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From the perspective of data protection regulations, providing the information relating to the cases attended to the traffic units, aggregated by sex and age "year by year, and not by age ranges", offers sufficient guarantees to be able to an effective anonymization of the health data of the affected persons will be considered.
The hospital could communicate pseudonymized data relating to the health of patients treated with medicines for compassionate use in the pharmaceutical laboratory that facilitates the drug for clinical research purposes (Article 9.2.j) GDPR and paragraph 2.d) of DA 17a LOPDGDD) on the basis of the legitimate interest pursued by the laboratory.
Access to health data by a trained medical student - insofar as she is present at a medical visit - is in line with data protection regulations and also with health regulations from the moment the patient is informed of their presence and the patient gives verbal consent.
The complainant complains that someone in Chief Manso would have disclosed his data (who is his family doctor to his ex-wife). RA is dictated as the ICS does not provide the complainant's data but merely informs the child's mother in common the reason why the child is not assigned the same doctor as her. The reason is that the child is a beneficiary of the parent's social security number and, by default, is assigned the same doctor/ssa as the cardholder. Therefore, with this information, you can guess who the complainant's doctor is. This fact does not constitute an infringement in respect of Article 6.1.h) in relation to Law 8/2007 regulating the functions of the ICS.In addition, information on the allocation of health professionals to beneficiaries is information easily accessible to any interested person.
The complainant complained about the alleged disregard of the rights of suppression he had previously exercised before the Chief of Amer and the Chief of English (both dependent on the Institute of Healthcare). It is stated that the IAS has not responded to requests for data deletion made by the claimant before the Chief of Amer and the Chief of English within the established legal timeframe. And when the fund, the claim to protect the right of suppression made by the claimant in relation to the said requests is rejected, given that the application submitted to the head of Amer had already been met by the IAS, and as regards the request to delete data submitted to the head of English, it could not be carried out, given that not even five years had elapsed since the date of discharge of the first healthcare process.
The complainant complained about several issues relating to the processing of his request for dependency:
The right of the person claiming to obtain, in relation to the traceability of clinical history, information relating to communications made to entities or persons outside the scope of the person responsible for treatment, as well as to obtain information relating to the non-existence of such communications, if applicable. In addition, the right to obtain information via e-mail is also appreciated, as requested. On the other hand, the claims made by the claimant that the PSSJD would not have provided him with all the content of clinical history are dismissed, since on the one hand he has not provided any evidence to obtain rational indications of this fact, and on the other hand, the party has argued sufficiently that he has provided all the information in his possession.
Apart from the statements made by the current complainant, there is no other element available to confirm the improper nature of access to the clinical history subject to complaint. On the other hand, as has been advanced, the ISC has argued for a reasoned and sufficient reason that access was carried out by an authorised person in order to update information relating to the vaccination against Covid-19 of its staff, of which the person reporting until recently, and that is why the reference actions were archived.
The complaint procedure is filed because sending correspondence to the complainant's home, addressed to Mrs (...), did not violate the data protection rules.
The complainant received correspondence from Mrs. (...) at her home, since the Central Register of Insurance, which is dependent on the Catalan Health Service, recorded this address for the effects of notifications.
The claim of the claimant is estimated, since according to Article 15 of the RGPD he would have the right to access, in any case, information that might contain his or her child's clinical history or medical reports, without prejudice to any limitations provided for in Article 23 of the RGPD. The ICS must respond to the right of access to the requested personal data and provide a copy of the information requested of the claimant.