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78 results were found for your search terms Healthcare facility
Agreement of order of the treatment with companies that monitor clinical trials
CNS 59/2018
Since the External Monitor of the essay has to access data of l'HC on account of the responsible (the Hospital), this has to articulate the access and data processing on the part of this Monitor, for the fulfillment of its functions, necessarily through an order of the treatment. This conclusion does not remain impaired by the fact that the access of the External Monitor of the essay to data of l'HC of the participants in the essay has sufficient juridical basis, with regard to the informed consent of the affected persons. The contract of order between the Hospital and the External Monitor of the essay cannot be substituted for other types of “additional safeguards”, without harm of the fulfillment of the principles and duties to the regulations of data protection.
11/01/2019
Authorization for the access of third to the clinical history
CNS 36/2018
So that any third person different of the patient (how the lawyer can be, in the case brought up), he can access the HC of this, it is necessary that this person proves its identity and habilitation in front of the center sanitary, or through the form of the center itself, or of notarial powers, already they are general or special. The persons linked to the patient for family reasons or as a matter of fact can access information of health of the patient, in those cases in which, to criterion of the doctor, the patient does not have capacity to take charge, without the need for having notarial powers. This, without harm that these persons will have to identify and prove its condition of relative or the linking with the patient.
28/06/2018
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
Sending of a document with particulars of one third.
PS 40/2017
A HEAD sent a form of derivation by postal mail to a patient of his, in the verso of which it represented information referring to the request of derivation from another patient and user of the same FITS, revealing the first patient staff data of the other patient, in such a way that the duty of secret was harmed.
15/01/2018
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
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
Cession of data in the Register of sanitary professionals of Catalonia
CNS 56/2015
The sanitary Center can yield determinate personal information of its professionals to the Register of sanitary professionals of Catalonia without the need for requiring them the consent, since this communication is protected by the applicable valid legislation.
20/11/2015
Possibility to share information among the entities social and of health of a region
CNS 37/2015
The legislation sanitary and of social services can fit out the communication of determinate data without consent of the ones affected, whenever the coordination between the welfare services and the social services requires it like this. Only the communication, on the part of the social services in the File, of data of persons attended to by both services that they have received would be legitimate or they receive a specific service that has some repercussion or impact in its attention medical and limited to the data strictly necessary. The LSS can fit out the access and consultation on the part of the social services to the data of the HC of determinate persons, in determinate suppositions. Unless the "cuidadores persons" show and can prove that it have the legal representation, that they are tutors or that they can act in name and representation of the affected one, it does not seem that they can loan the consent or exercise the rights I ARCO in the name of a person admitted in a residence.
08/09/2015
Knowledge of the identity of the persons who access the clinical history
CNS 40/2015
The exercise of the law of access of a citizen about the persons who have asked for access to its clinical history, allows to know persons foreign to the entity that treats its data, but does not include the communication of the concrete persons who as a staff of this entity have had access there if the data have communicated. In case one has been produced loss or undue access to the information of the person, the responsible for the file or treatment is that one who has to establish the appropriate mechanisms to make this undue access cease and, if it is proper, to require the corresponding internal responsibilities to the causer of the same one, although the valid regulations do not establish the duty to communicate the persons affected of the losses or undue accesses to the information that it affects them.
01/09/2015
Total number of pages: 8