Chapter

Access to Personal Medical Information

April 2008

In book: Law for Doctors (pp.48-57)

Authors:

Access to computerized and manual health records: the Data Protection Act 1984 andthe Access to Health Records Act 1990The Data Protection Act 1984The Access to Health Records Act 1990Reports supplied by a doctor for employment or insurance purposesInformation needed to assess the strength of a legal claim: the Supreme Court Act 1981

ResearchGate has not been able to resolve any citations for this publication.

ResearchGate has not been able to resolve any references for this publication.

Chapter

Confidentiality

December 2013

The professional relationship between a patient and the pharmacist depends, in part, on trust. The confidentiality of information held by pharmacists is a matter both of law and of ethics. Health data is classified by the Data Protection Act (DPA) as “sensitive personal data.” This includes information about the subject's racial or ethnic origin, his/her physical or mental health or condition, ... [Show full abstract] and his/her sexual life. Where sensitive personal data is health data, including health records, the subject must give explicit consent to the processing of his/her health data, unless it is necessary for medical purposes and is undertaken either by a health professional or by a person with a similar duty of confidentiality. A “health record” is a record that consists of information relating to the physical or mental health or condition of an individual that has been made by or on behalf of a health professional in connection with the care of that individual. The individual must be identifiable from that information together with other details held by the record holder. An individual can serve a written notice prohibiting a controller from processing data that can cause substantial damage or distress.

Article

Full-text available

Tutela della vita privata, protezione dei dati personali e privacy. Ambiguità semantiche e problemi...

June 2019

Andrea Monti

This article analyses the relationship between right to respect of private life, personal data protection and the right to privacy to highlight the problems of interpretation arising from an unclear definition of the concepts and legal categories involved. It points out that it is not possible to consider as synonyms the right to the protection of personal data and the right to privacy and that ... [Show full abstract] the right to respect for private and family life has a much wider content than that which, normally, is generally included in the notion of privacy. It analyses the consequences of reducing the notion of privacy to its functional characteristics of secrecy, anonymity and the right to solitude. It proposes the creation of a specific provision that defines the right to privacy as a right to control over one’s own personal information, so as to provide otherwise non-existent autonomy to this fundamental right.

View full-text

Conference Paper

Helping Software Architects Familiarize with the General Data Protection Regulation

April 2019

The General Data Protection Regulation (GDPR)impacts any information systems that process personal datain or from the European Union. Yet its enforcement is stillrecent. Organizations under its effect are slow to adopt itsprinciples. One particular difficulty is the low familiarity withthe regulation among software architects and designers. Thedifficulty to interpret the content of the legal ... [Show full abstract] regulation ata technical level adds to that. This results in problems inunderstanding the impact and consequences that the regulationmay have in detail for a particular system or project context.In this paper we present some early work and emergingresults related to supporting software architects in this situation.Specifically, we target those who need to understand how theGDPR might impact their design decisions. In the spirit ofarchitectural tactics and patterns, we systematically identifiedand categorized 155 forces in the regulation. These results formthe conceptual base for a first prototypical tool. It enablessoftware architects to identify the relevant forces by guidingthem through an online questionnaire. This leads them to relevantfragments of the GDPR and potentially relevant privacy patterns.We argue that this approach may help software professionals,in particular architects, familiarize with the GDPR and outlinepotential paths for evaluation.

Article

The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursua...

November 2018 · Atlanti

Svetlana Usprcova

The aim of this paper is to explain the position of the State Archives of the Republic of Macedonia as guardian of the archival material, which is a subject of use for scientific, academic, administrative, public, publishing, exhibition and other purposes. In the process of use of the archival material, the archivists must be very careful in order to protect confidential, sensitive, legal and ... [Show full abstract] other information contained in the archival material, and take some measures in relation to the personal data protection. Herein, the author, also talks about the current Law on personal data protection and the harmonisation of the national law with the European legislation.

Chapter

Human Rights

December 2013

The incorporation of Article 8 of the European Convention on Human Rights (the Convention) into UK law by the Human Rights Act 1998 (HRA) creates a general right to respect for privacy where none previously existed. Article 8 offers general protection for a person's private and family life, home, and correspondence from arbitrary interference by the State. This right affects a large number of ... [Show full abstract] areas of life. However, the right to respect for these aspects of privacy under Article 8 is qualified. This means that interferences by the State can be permissible, but such interferences must be justified and satisfy certain conditions. The public expects pharmacists and their staff to respect and protect privacy. This duty extends to any information relating to an individual that pharmacists or their staffs acquire in the course of their professional activities. Confidential information includes personal details and medication, both prescribed and non-prescribed. Pharmacists must ensure that the confidentiality of information acquired about an individual in the course of their professional activities is respected and protected, and is disclosed only with the consent of the individual. Failure to comply with a notice may result in the Commissioner certifying this to the Court that may ultimately deem noncompliance as Contempt of Court.

Chapter

Confidentiality

July 2010

Roy Mcclelland

All patients have the right to privacy and the reasonable expectation that the confidentiality of their personal information will be rigorously maintained by all healthcare professionals. The protection of privacy and confidentiality is both an ethical obligation and a legal obligation. Nevertheless they are not absolute obligations and must often be considered in the light of other obligations. ... [Show full abstract] In this chapter three categories of protections, uses and disclosures are each considered: • protections, uses, and disclosures of patient information for their healthcare (Section 11.3.2); • protections, uses, and disclosures of patient information for healthcare purposes not directly related to their healthcare (Section 11.3.3); and • obligations and justifications for the disclosure of patient identifiable information for purposes not related to their healthcare (Section 11.3.4).

Article

Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Be...

May 2014 · European Journal of Comparative Law and Governance

Jeanne Pia Mifsud Bonnici

This paper provides a brief comparative comment on the three contributions of van der Hart-Zwart, Boddez & Nys, and Choong & Mifsud Bonnici included in the present volume. The three contributions reflect on the use of medical information and/or human bodily material obtained before or after death and used for medical research purposes after the death. The present reflective note first looks at ... [Show full abstract] the legal shortcomings pointed out in the three contributions, primarily the lack of clarity on whether medical confidentiality survives after death, the non-applicability of the right to private life and data protection after death and the incomplete rules on the use of bodily material of deceased persons for medical purposes. The paper then gradually reflects on the way the three jurisdictions combine attempts at legal certainty and pragmatism to deal with these shortcomings.

Article

Understanding confidentiality in health care

January 2016

C. Cox

Healthcare professionals are often unclear about the circumstances in which health information about a particular individual may be disclosed to a third party. Confidential health information falls into the category of "sensitive personal data" under the Data Protection Act and although healthcare professionals generally understand this, there are often specific circumstances where more advice is ... [Show full abstract] needed. This article describes some of the basic and straightforward principles that govern the handling of confidential information.

Article

Legal and social implications of health telematics in the EU

February 2003 · Studies in Health Technology and Informatics

Christian Dierks

Health telematics involve the processing of data concerning health. The European Directive 95/46/EC constitutes a general prohibition of processing this special category of data. Exemptions to that principle are found in the data subject's consent, vital interests and professional obligation to secrecy. These exemptions, however, do not sufficiently secure legal grounds for health data protection ... [Show full abstract] in practice. It is for that reason, that the member states must establish a harmonised legal basis for telematics services. Multinational working groups, such as EHTEL, need respective support.

Article

Professional secrecy and data protection in the framework of recent legal regulations. Ethical probl...

January 1998

The Authors discuss ethical problems in psychiatry, paying particular attention to professional secrecy and data protection pursuant to recent legal requirements (laws n. 656 and n. 657 of 31.12.1996) and emphasizing philosophical, ethico-deontological and medico-legal aspects inherent in the doctor (psychiatrist)-patient relationship. In particular, they discuss the problem of the conflict ... [Show full abstract] existing between morals and law, between subjective ethics and intersubjective ethics and between professional secrecy and the safeguarding of privacy.

Article

A voiceless mother's voice

January 1997 · Journal of Interprofessional Care

Khalwa

This article presents a personal account of receiving services from a variety of professionals in areas of mental health and child protection. It debates questions of confidentiality and women's oppression. A key issue is whether the interests of children can be divided from the interests of mothers in particular. Debates about interprofessional care are frequently conducted by the professionals ... [Show full abstract] concerned. This article argues that the perspectives of those who are subject to such care need to be explored and acknowledged.

Conference Paper

What ELSE? Regulation and Compliance in Medical Imaging and Medical Informatics

January 2007

The focus on the use of existing and new technologies to facilitate advances in Medical Imaging and Medical Informatics (MIMI), is often directed to the technical capabilities and possibilities that these technologies bring. In addition to discussing new methodologies, techniques and applications, there is need for a discussion of ethical, legal and socio-economic (ELSE) issues surrounding the ... [Show full abstract] use and application of technologies in MIMI. Such discussions are important because scientists need to be aware of the legal/regulatory framework which govern various new advances in MIMI research (especially to safeguard patients' interests), the ethical questions raised by such advances and the impact of these advances on society. This paper aims to discuss important ethical, legal and socio-economic issues related to MIMI and calls for an interdisciplinary approach to better address the increasing use of Information and Communication Technologies (ICT) in healthcare.

Access to Personal Medical Information

Abstract

No full-text available

Recommended publications

Confidentiality

Tutela della vita privata, protezione dei dati personali e privacy. Ambiguità semantiche e problemi...

Helping Software Architects Familiarize with the General Data Protection Regulation

The State Archives of the Republic of Macedonia: Use of Archival Material and Data Protection Pursua...

Human Rights

Confidentiality

Reflections on the Use of Data and Bodily Material of Deceased Persons for Medical Research Under Be...

Understanding confidentiality in health care

Legal and social implications of health telematics in the EU

Professional secrecy and data protection in the framework of recent legal regulations. Ethical probl...

A voiceless mother's voice

What ELSE? Regulation and Compliance in Medical Imaging and Medical Informatics