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188 results were found for your search terms Clinical record
Scope of the exercise of the law of opposition within the framework of the Shared Clinical History
CNS 40/2010
In the context and model of the Shared Clinical History (HCC) full room has to have the exercise upward of opposition, since the consent is not required for the treatment of the data (article 6.4 of the LOPD and articles 34 to 36 of the RLOPD). The law of opposition, that it is necessary to differentiate from other rights I ARCO, it can translate into a limitation of determinate accesses, which would bring a determinate treatment of the information in modular, as it has been configured like this in the model of HCC. The applicable normative frame can condition the scope and the consequences upward of opposition. The casuístic approach of the article 6.4 of the LOPD makes that it cannot give a closed list of which the "motives" that could be considered legitimate to exercise are the law of opposition, or of it are the personal circumstances that which can fit out the exercise upward. The medical criterion results determining in order to evaluate the belonging from giving course to a request of opposition on the part of a patient.
02/12/2010
Communication of data of patients given in a hospital in the Agency of Public Health
CNS 9/2010
Several communications of identificatives data and of health of the patients of a hospital, being the assign the Agency of Public Health, and taking the LOPD and the sectorial regulations into account, are analyzed. In a concrete case brought up, and within the framework of functions eminently epidemiological and statistical, the communication feels fitted out for the sectorial regulations, but requires the anonimització of the data; this, without harm that the regulations can concede to the assign emmarcables functions in the provision of sanitary assistance, or that the consent of the patients is counted. Also the communication of data in relation to notifiable diseases, and the communication of patients data in risk of social exclusion are analyzed. In general thermal baths, the hospital can request to the assign suitable and sufficient information with respect to its request of access to data, and the assign has to specify or justify enough the purpose and the legal habilitation of the communication.
01/01/2010
Realization of statistical and epidemiological studies about morbidity in professional collectives
CNS 18/2010
The communication of health data for the realization of a study among public administrations has to undergo the regime established in the LOPD (article 11.2.f) and to the legislation about health governmental or autonomic. The communication of these data requires a previous procedure from anonimització (article 11.3 of the Law 21/2000, of 29 December). The Service of Occupational Risk Prevention will be able to receive the data resulting from the study to adopt decisions of collective level that allow to improve the working conditions. The contribution of technical support to the assignor administration on the part of the assign administration, which means an access to the data of health, requires the contract of order of the treatment (article 12 of the LOPD).
01/01/2010
Right of access to data of deceased relatives health
CNS 28/2009
The fundamental right to the protection of personal character data, as a very personal law, has to be exercised necessarily by the headline of the data, or, in the terms that he foresees the LOPD and the RLOPD, for third parties in name and representation of the person concerned. The regulations of protection of particulars do not apply to the data of deceased persons, except in the suppositions indicated in article 2.4 of the RLOPD. The request of access to determinate medical information of a dead relative does not constitute a demonstration of the law of foreseen access in the article 15 of the LOPD, but it has to be solved with regard to the applicable sectorial regulations (Law 41/2002). The medical center has to check out the fulfillment of this article, especially, the principle of proportionality.
01/01/2009
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
Access to data of health on the part of a public entity
CNS 10/2007
Access on the part of the workers d’una public company on the subject of health, to the clinical histories of determinate patients/users d’un hospital with the purpose d’investigació. L’accés to the particulars of the patients/users d’un hospital s’entén like a cession or communication of data and it is subjected to that that he orders the sanitary regulations with respect to the uses of the clinical history. L’accés will be possible always and when the consent of the patient for the cession of the data of personal character is evident or that the cession is carried out in a way dissociated, sorting out the data of character clinicoassistencial d’aquelles that allow the personal identification.
01/01/2007
Frame agreement to implant the shared clinical history in Catalonia
CNS 11/2007
L’objecte of the proposal of Frame Agreement consists in integrating the public and private health centres of the public network d’utilització into the process d’implantació of the Shared Clinical History in Catalonia. Since the data of health are considered as specially sensitive and protected in the legislation of data protection, and taking the applicable sectorial regulations into account, it is considered necessary to revise the forecasts made with respect to the consent of the patients, to determine the purposes and uses of the data of the patients in this context, in order to respect the principle of quality, and to define the forecasts about the right d’informació and l’exercici of the rights of the patients, between d’altres.
01/01/2007
Implantation of a system of information in hospitable area
CNS 15/2007
Possibility d’implantar a system d’informació that l’accés allows to data of health among different public and private welfare centers d’una public network. The concretion of the information is missed object of treatment contained to the clinical history that it will be. The generic forecast that s’efectua not s’adequa to the regulations of protection of data nor to that of the clinical history. It is necessary to determine the communication of the sanitary information for purposes that are not sanitary d’assistència; the suppositions in what s’aplica the figure of l’encarregat of the treatment and the cases in which a cession is produced of data among the welfare centers.
01/01/2007
Total number of pages: 19