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188 results were found for your search terms Clinical record
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
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
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
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
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
Possibility to know the identity of the persons who have accessed the clinical history
CNS 15/2016
Given the configuration of the law of access in the regulations of data protection (art. 15 LOPD and art. 27 RLOPD), the responsible has the duty to inform the one affected, among others, of the "communications made or that foresee to make". Therefore, the law of access does not include the information on the accesses that have been able to be produced on the part of the staff typical of the entity. Facilitating the related information in the accesses of the staff typical of the center in the HC, when the affected one claims it like this, an exercise of transparency can mean, that it would be protected by the legislation of autonomy of the patient, and that can mean the positive effect of transmitting to the affected one a major degree of confidence in the good praxis of the center, with respect to the treatment that this has carried out of the data of the HC.
05/04/2016
Total number of pages: 19