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358 results were found for your search terms Health
Access to clinical data of the minors on the part of its parents
CNS 10/2018
The minors who it are biggest of 14 years, that they do not find inability, have to be able to exercise the inherent rights to the informative self-determination for them. The exercise of the rights for the parents or legal representatives of the one minor –included the minor who is biggest of 14 years-, in relation to the personal information of this, that it is foreseen and skill for the regulations, it would not mean an illegitimate access to the information of the minor one nor a “breach of the confidentiality” of the information of the minor. Without harm of this, in those cases in which there are a conflict between the parents or legal representatives and the minor himself, for application of the principle of protection of the superior interest of the minor (art. 5 LDOIA), the exercise of the rights on the part of these with respect to determinate data of health of the minor, can be seen limited, in attention to the circumstances of the concrete case.
19/03/2018
Contribution of medical data to judicial processes
CNS 7/2018
From the prospect of the regime of communication of particulars foreseen in the LOPD, there is sufficient legal habilitation in the article 11.2.a) of the LOPD in relation to the rules contained in the legislation of Health (art. 16.3 and art. 83 LGS), Social Security (DA tens LGSS) and in the LICS (art 15.1 LICS ), as well as with the article 24 of the CE for the communication of particulars of health suitable, pertinent and non excessive, that have to incorporate into the legal actions of claim of the amounts of the services welfare loaned by the public centers of health to the insurer companies, without the consent of the person concerned nor the requirement for the judicial authority. Once the RGPD is applicable, the juridical basis for these treatments is foreseen in the article 9.2.h) and 9.2.f) of the RGPD with the limits established by the article 5 of the RGPD, in particular the principle of minimization of the data. Therefore, this habilitation will have to be limited to those indispensable minimum data for the fulfillment of the supposed purposes for those treatments.
07/03/2018
Law of rectification of the surname in the systems of information.
PT 64/2017
The particulars have to frequent in the systems of information in an exact way, and therefore the claim is loved and it is required that the law of rectification is made effective.
09/02/2018
Denial of the law of access not to have the requested data.
PT 60/2017
The present protection of rights is rejected because the law of access does not reach to know the identity of the staff that, pèro in more, has accessed the HC in this case when the complaining person exercised the right to the traceability of its clinical history in relation to two accesses that had been produced in year 2014, the responsible organ any more did not have the requested data and this because the minimum duty to preserve the data of the register of accesses is 2 years and in the case that it occupies for us already had passed abundantly.
08/02/2018
Access to the clinical history of a minor on the part of its progenitor
CNS 58/2017
Since the procedure of helplessness entails the temporary suspension of the parental authority (CCC and LDOIA) and, consequently, the impossibility about exercising the rights I ARCO for representation (art. 23.2.b) RLOPD, and arts. 13 Law 21/2000 and 18 Law 41/2002), it does not correspond to the entity to give access to the information requested by the progenitor of the minor.
12/01/2018
Reiteration of the of access in less than 12 months with concurrence of legitimate interest.
The claim is loved upward from access for formal reasons as well as in the background. As for the form, because the responsible for the treatment did not give answer to the request of access in the specified period to the effect. And as for the background|bottom, because although in 12 former months the law|right of access had been made effective, the concurrence of a legitimate interest justified the second request in the mentioned deadline|installment, so that it|he had to become effective.
22/12/2017
Revelation of data of a health center in a Town Council.
24/2017
The revelation of data of the accusing person on the part of its|his|her|their doctor of family to|in a technique of the Town Council, without having its|his|her|their consent, not even neither legal habilitation, means a breach of the principle|beginning of confidentiality of the data.
22/12/2017
to a determinate treatment -communication- of data
Claim estimation for not having attended to request of opposition|entrance examination finishes some 10 days. As for the background|bottom, it is rejected because the opposition|entrance examination only works in the consent of the affected one when the treatment is not based, and the basis of the treatment was the consent here. Moreover, before exercising|exerting the law|right of opposition|entrance examination in relation to a concrete cession of particulars, the responsible organ had already provided its|his|her|their data, so that the law|right of opposition|entrance examination could not be exercised|exerted in the face of an eventual cession that would already have been made.
21/12/2017
Dret d'accés a la traçabilitat de la HC.
PT 36/2017
S'estima la reclamació per no haver atès en termini la sol·licitud d'accés per conèixer els detalls sobre una modificació de l'adreça en la seva HC. Quant al fons es desestima la reclamació, atès que l'ICS hauria facilitat la informació sol·licitada, posant de manifest l'existència d'uns accessos que no s'han pogut justificar, la qual cosa va donar lloc a l'obertura d'una informació prèvia.
21/12/2017
Breach of the duty of secret in data of health.
PS 18/2017
The access on the part of a person employee of the ICS, to the clinical history of a person, without its consent and without this access being justified by any welfare reason, a breach of the principle of confidentiality of the data means. The responsibility of the offense falls on the responsible for the file even if that one who has materially committed the offense has been a physical person in the service of the responsible.
21/12/2017
Total number of pages: 36