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358 results were found for your search terms Health
Communication of information in the Tributary Agency about the utilization of the healthcares on the part of the foreigners
CNS 50/2017
The communication of the information about the utilization of the healthcares and pharmaceutical benefits on the part of identifiable foreign persons required by the Tributary Agency from what establishes the LGT only would be possible if the tributary transcendence of this information is proved in relation to a person or a set of concrete persons. From the information brought with the consultation, this transcendence cannot be concluded.
24/11/2017
Adequacy to the regulations of data protection of the random sampling as a method of auditing
CNS 42/2017
With general character, cannot be discarded that the choice of the method of auditing consistent in a random sampling of different physical headquarters of only one responsible (art. 3.d) LOPD) it fits to the demands of the regulations of data protection (art. 96 RLOPD), in relation to systems of information that some substantially homogeneous characteristics show. The validity of this method of auditing in relation to the systems of information of the Center, will depend on the concrete characteristics of these systems of information and, in short, of the treatment of information that the Center, taking the appraisal of risks into account, carries out in the terms of the RGPD, questions that should be foreseen and specified in the corresponding program of auditing.
15/09/2017
Access of the parents or tutors to information of health of the biggest minors of 16 years
CNS 33/2017
The duties that the juridical ordering attributes to the headlines of the parental authority fit out the access of these to the clinical documentation that affects the subjected minors to its authority (including, the biggest minors of 16 years), without requiring the authorization of the minor. The possibility to authorize the biggest minors of 16 years with general character, to exclude the access from its parents or tutors to its data and performances about its health, it would not be adjusted to the regulations of data protection personal, in connection with the regulations of health (Law 21/2000 and Law 41/2002) and the rest of regulations (CCC). This without harm that in determinate cases, as a consequence of the right of opposition of the minor, the access of the parents or tutors to the information of health of the minor, through “Cat@Salut My Health”, as well as through other pathways to the information, can be seen limited.
27/07/2017
Access of a sanitary social worker to the shared clinical history
CNS 18/2017
The sanitary social workers, in its condition of members integral of the team of primary attention and in attention to the functions that they have attributed, the social report and the report of welfare continuity that is necessary for the development of its functions, can access the information contained in the PIIC. Regarding the data in those that can have access in the exercise of its functions, the sanitary social workers remain subject to the duty of secret.
04/05/2017
Communication of patients data to Mutual collaborators with the Social Security
CNS 15/2017
There is sufficient legal habilitation so that the Hospital, when sanitary assistance to a patient for derivation from a Benefit Society gives collaborator with the Social Security, communicates him the diagnosis of the worker without its express consent (art. 7.3 LOPD), for the fulfillment of the functions of management of the economic benefits and the sanitary assistance derived from professional contingencies (art. 82.2 LGSS), and of follow-up and control of the temporary incapacity for common contingencies (art. 82.4, b sections) and d) LGSS).
11/04/2017
Cession of data from a sanitary center to the doctors of patients company who work risk for the security of third parties in works that could imply a height
CNS 16/2017
In sight the regulations, there is not legal habilitation for the cession of patients data with active consumption of addictive substances and with a profession of risk for third, from the Hospital that attends to the patient in the company in which it works. The duty of complaint (art. 262 LECrim) he fits out the communication to the courts and courts or the Fiscal Ministry of facts that they can be constitutive of crimes public, and not to the complaint of mere suspicions, facts or circumstances that could influence on the future commission of some crime or of other situations of risk. It is not inferred from the regulations (LOPD, CP and LECrim) that the judge can fit out the communication of data of the patient given in the Hospital, in the company, to lack, through a dispensation punctual and for concrete cases, of the express consent of the one affected or of a habilitation sufficient in rules with legal rank.
07/04/2017
Access to the portal CatSalut-my Health
CNS 2/2017
Regarding the access to the portal and services of "CatSalut-my Health", it would be necessary to discard the possibility of the online register, with identification based on the contribution of known information by the interested person and the Administration (art. 4.2 c) Order PRE/226/2014). Therefore, the user persons should register themselves in the portal "CatSalut-my Health", in a presencial way (art. 4.2.a) Order PRE/226/2014) or electronic certificates recognized (art. 4.2.b) using Order PRE/226/2014). Once the initial register of the user persons completed, the successive accesses to the portal "CatSalut- my Health", and to the personal information that restrains itself there, they could articulate through online mechanisms (Mobile or equivalent system idCAT), which do not require recognized electronic certificates.
02/02/2017
Opposition of the doctors of the ICAM to the recording of the medical inspections
CNS 58/2016
The recording of the conversation with the doctors of the ICAM, for the person subjected to medical inspection and/or its escorts, constitutes a data processing personal (art. 3 c) LOPD), that he will have to undergo the principles and duties to the regulations of data protection. The recording of the conversation in question can require, normally, the previous consent of the doctor. If the consent is not conceded, and there is not another juridical basis that can fit out the treatment, in principle this will not be legitimate, even though it cannot be discarded that in some suppositions a legitimate interest coincides that could fit out the treatment, the fulfillment of the principles and duties regrets necessary, in this case, that it imposes the regulations of data protection.
15/11/2016
Possibility to put a system of alarm of persons associated with determinate behaviors into operation
CNS 51/2016
From the point of view of the right to the protection of personal character data, the system design of alarm described in the Memory does not adapt at the beginning of proportionality and of minimization, for which it would be advisable to implant fallbacks that can give suitable answer to the supposed purpose, without putting the correct fulfillment of the principles and guarantees of the regulations of protection of particulars at risk.
26/10/2016
Denial of access to information about remunerations of determinate of a sanitary consortium
The regulations of data protection do not prevent from giving information about the perceived, merited or foreseen annual dirty|gross remuneration, for all the retributius concepts, diets and compensations from the applicable entry|ticket of the Law 19/2014 until the present, for those persons who show managerial charges|posts or places of confidence, or with level of responsibility for the decision making in the organization, in the flow chart of a public sanitary consortium integrated into the SISCAT included.
19/10/2016
Total number of pages: 36