Medical Registries in Perspective of The New EU's Legal Framework of Personal Data Protection - Selected Issues

• Autorzy: Monika Krasińska
• Języki publikacji: EN

Abstrakty

EN

Keeping medical registries is inextricably linked with the processing of personal data, which often belong to the most sensitive sphere of privacy of every individual. Creating a comprehensive and complete legislation in this area is a guarantee of proper protection of the privacy and dignity of the patient, and is a part of the optimal model of protection of personal data representing the content of the registers, which is guaranteed both at the level of constitutional and international law. The creation of appropriate legal mechanisms must also be accompanied by a friendly technical and organizational environment. Lack of financial resources to ensure the security of data stored in the medical records may result in the risk of data leaks, unauthorized access to data, or using data for the wrongpurposes. In view of the reform of the EU data protection law the above-mentioned circumstances must be a subject of in-depth analysis(original abstract)

Słowa kluczowe

EN

Medical data; Personal data protection; Medical records

PL

Dane medyczne; Ochrona danych osobowych; Dokumentacja medyczna

• Czasopismo: Journal of Health Policy and Outcomes Research
• Rocznik: 2016
• Numer: nr 1
• Strony: 4--8

Twórcy

autor

Monika Krasińska

• Cardinal Stefan Wyszyński University in Warsaw

Bibliografia

• Section 5 Regulations
• Art. 8 Regulations
• The Act of 29th August 1997 (Journal of Laws from 2011, item 2135, as amended).
• The Act of 28th April 2011 (Journal of Laws No. 113, item 657, as amended)
• Judgement of the Constitutional Court of 18th December 2014, ref. No. K 33/13
• http://legislacja.rcl.gov.pl/projekt/12280402/katalog/12330348
• The Act of 29th August 1995 (Journal of Laws No. 2012, item 591, as amended)
• Position of the General Inspector of Personal Data Protection of 13th January 2016, ref. No. DOLIS-033-6/16/TG/1698
• A similar position was expressed by the General Inspector of Personal Data Protection in the Opinion of 19th April (ref. No. DOLIS-033-94/16/TG/32024) on the draft of the regulation of the Council of Ministers on the programme of statistical studies of public statistics for the year 2017.
• The concept, introduced by the Act on the state's aid in upbringing of children, see Art. 38, should be recognised as a totally failed attempt in this scope and directly breaching the provisions of the discussed Regulation.
• Pursuant to art. 19 section 9 of the Act on the information system in health care , the entity, which runs a registry, defined in the provisions, issued in line with art. 20 section 1, shall be obliged, within 30 days from the date when personal data processing procedure is commenced, to notify every person, whom the processed data concern and whose data are processed in the registry about:1) the address of its registered seat and its full name;2) the purpose, scope and mode of processing of the data relating to the person;3) the right of access to data with a possibility of their revision;4) the categories of recipients to whom the data from the registry are disclosed;5)the obligation or the lack of obligation to inform about the data, which are processed in the registry and, if such an obligation is valid, about its legal basis.

Identyfikatory

DOI

10.7365/JHPOR.2016.1.1