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78 results were found for your search terms Healthcare facility
Access to data of the clinical histories generated by the treatments of assisted reproduction
CNS 3/2014
The data related to the members of a couple who undergoes a treatment of assisted reproduction are data protected by the LOPD. The man that it is a couple of the woman that it is evident as to headline of the HC in centers of assisted reproduction, has the right of access to the own data (LOPD, the sanitary legislation Law 14/2006). The access on the part of one of the members of the couple to the data of the other member, contained in shared documents, is a cession (article 11 of the LOPD), so that, to lack of the express consent of the headline, it would be necessary to eliminate of this document the data that are a titularity from the other member of the couple, without harm of determinate accesses fitted out. The data related to the pre-embryos can be considered titularity information of the two members of the couple, so that they both would have the right from access to the documents that contain this information.
26/02/2014
Cession of data of a hospitable Consortium in a Town Council on the subject of protection of minors
CNS 26/2013
Several habilitations legitimate the communication of data of the minor, including also data of the parents or tutors, among others, of health, of the Hospitable Consortium in the Town Council, for the fulfillment of the municipal competences on the subject of protection of minors, without consent of the affected ones. Only the data can be communicated that can be pertinent and relevant in each case, for the concrete situation of risk in which a minor is found, or for the concrete intervention of the Town Council. The communication of data to the judicial authorities can be fitted out by the article 11.2.d) of the LOPD, while the communication of data in the DGAIA can be fitted out by the article 21 of the LOPD and the article 24.2 of the Law 14/2010.
03/05/2013
- SECTORIAL AREA
- Health
- Clinical record
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- Healthcare facility
- Judges and courts
- PERSONAL DATA
- Child data
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Healthcare facility
- Judicial power
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Work inclusion of the number of DNI to the sick notes
CNS 24/2011
The Centers of Attention Primary they can pick up and to treat the personal datum corresponding to the number of DNI of a patient for the correct recording of the work sick note, in the measure that, in accordance with the principle of quality of the data, is been of a datum suitable, pertinent and non excessive for the fulfillment of this purpose, and they have to preserve it during the time that it is strictly necessary to manage the corresponding work casualty.
20/06/2011
Diffusion of data of the workers across the web
CNS 18/2011
The diffusion of information of the data of the staff of a sanitary Consortium, related to its names and surnames, profession and workplace across internet, in addressing oneself to an indeterminate plurality of addressees, constitutes a cession of data, and therefore its publication requires the consent of the affected persons, or in its fault, a rule with rank of law that fits it out. In the case of the medical staff of the Consortium and in order to make the choice of doctor possible, this diffusion in the corporative web would find his legal protection in the laws 41/2002 and 44/2003. In the case of the sanitary statutory staff not affected by the possibility of choice of doctor, and of the non sanitary statutory staff, the principle of quality and proportionality of the data will have to be priced by the Consortium at attention to the functions that have, the belonging of the diffusion of its data in the web of the Consortium, attributed always having into consideration. And in all cases, the duty of information foreseen in article 5 LOPD.
20/05/2011
Report in relation to the Project of Order by which the regulation of the files that contain data of personal character in the area of the Department of Health is updated
PD 45/2010
08/02/2011
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
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
Total number of pages: 8