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The data protection regulations do not prevent the complainant from communicating the information he requests, regarding access to his clinical history, including the identity of the professionals, rank and professional category, who have accessed it.
The claiming entity has not accredited that it has responded to the request for rectification exercised by the claimant.
It is appropriate to estimate the claim, since the ICS did not respond in time to the request of the claimant. Regarding the fund, it is not appropriate to make any pronouncement or require any action, since the ICS has accredited that it has delivered the documentation to the claimant in the requested terms, that is, it has made effective the right exercised by the claimant, although extemporaneously.
Resolution with ammunation in the sanctioning procedure against the Garraf Health Consortium, Hospital Residencia Sant Camil, due to violation of the principle of accuracy. For having used a mobile phone that had in its database since 2011, instead of using the telephone provided with the derivation of the Sitges EAP, 2022.
The filing of the complaint is necessary for the following reasons: 1) It is accredited that no improper access has been made to the clinical history of the complainant. 2) In this case, it is considered that giving an extemporaneous response and requesting to fill in a specific form are management irregularities that do not have enough entity to start a sanctioning procedure.
The person making the complaint complained of improper access to his or her medical records. It is resolved to archive the proceedings to the extent that within the framework of the prior information it has not been verified that any act that could constitute an infringement has occurred, while it has been sufficiently justified that the controversial access was carried out within the framework of the tasks assigned to the professional who carried it out.
RA is dictated on the reported facts related to the call made by the CSMA in Castelldefels, having tried to locate the patient in the telephone numbers that appeared in his file, coinciding with those that were in the RCA. And, as they were not operational, and in the face of the emergency, they chose to call the number that was included in the section of observations (of their mother) provided by the patient himself.
A person, who has requested leave as a nurse at the Terrassa Mutual Hospital, reports two accesses to his HC once he requested leave. It is not proven that these are improper accesses. The organization justifies the access by saying that according to the Department of Health of the Generalitat, it could access to check the vaccination status of its workers.
It resolves to admonish the ICS as being responsible for the infringement of the principle of confidentiality, since nursing staff would have accessed different clinical histories in an unjustified manner, and it resolves to archive the facts relating to certain accesses that are considered justified. It is also proposed that the entity take disciplinary action against the person responsible for improper access.
Resolution archiving of a complaint for improper access to HC3 of the complainant by personnel of the mutual EGARSAT.
Undue access to the HC3 of the complainant is not credited. The filing of the complaint is resolved because the complainant has accredited that the data referring to the complainant's HC3 was extracted from an opinion submitted to them by the INS.