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162 results were found for your search terms Health data
Several questions related with the implantation of a project that foresees the use of defibrillators devices in public places
CNS 1/2011
La starting of a project that foresees the use of defibrillators in public spaces allows the collection of personal information that can be associated with the given person and, therefore, manage to identify it without requiring disproportionate efforts. The cession of the data of health recorded in the devices in the health centre so that they incorporate into the clinical history of the patient is considered legitimate in this case (article 11.2.f) of laLOPD). The installation of a camera in the booths in which the defibrillators will be placed will have to fulfill the forecasts of the Instruction 1/2009 in order to be able to consider its treatment legitimate.
24/01/2011
Communication of particulars of reports of purification of staff and other reports that contain particulars
CNS 42/2010
The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.
21/12/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Health data
- Administrative criminal offences
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- PRINCIPLES
- Storage
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
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
Incorporation of disabled persons data in the Catalog of data and electronic documents
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Adequacy to the protection of data of a project about violence domestic and of genre
CNS 35/2009
In the project of victims Register of domestic violence and of examined genre, several principles and duties to the LOPD have to be taken into account. The law requires that the purposes and the uses to which it is wanted fulfillment to be given, which are conditioned to be able to be made personal of the information by the treatment, are defined. It is necessary to specify and to specify the particulars that will be treated, especially the qualified ones as sensitive, and to foresee, in relation to the applicable sectorial regulations, in which cases it is necessary to collect the consent of the persons concerned. It is necessary to specify the informative flows that will be produced, as well as to create and to inscribe the corresponding files and to apply the safety measures of high level.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- PERSONAL DATA
- Sensitive data
- Health data
- Administrative criminal offences
- Gender violence
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- CATALAN DATA PROTECTION REGISTER
Realization of psychotechnical tests in educational institutions agreed on by a company
CNS 38/2009
The lender company of services of psychological evaluation in educational institutions acts as person in charge of the treatment, if the requirements of the article 12 of the LOPD are fulfilled. The existing bond between the company and the pupils is born due to the order. Since this relation is necessary to carry out the provision of the service, a new bond between the company and the pupils, not being of application the article 20.1 of the RLOPD, is not established. The data of the psychotechnical evaluations, which contain data of psychological character, will have consideration of health data (articles 7.3 of the LOPD and 5.1.g) of the RLOPD). For the realization of psycopedagogic works, the centers do not need the previous consent of the legal tutors of the pupils, given the existence of legal habilitation to treat the data of the pupils that are necessary for the exercise of the teacher functions and guiding, whenever the treatment is necessary for the exercise of these functions. This does not exclude the duty to give fulfillment to the duty from information (article 5.1 of the LOPD).
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: 17