Data Protection Rules

Posted in News on March 29th, 2018

With regard to the conservation of personal data Spanish regulations matter does not set default or fixed deadlines. In this respect in article 4 of the organic law 15/1999, of 13 December, of protection of Personal character data (in hereinafter LOPD) indicated that the personal data only is may collect for your treatment, as well as undergo such treatment, when they are adequate, relevant and not excessive in relation to the scope and certainexplicit and legitimate for that have been obtained. So when personal data are no longer necessary or relevant should be cancelled or kept in form that does not permit the identification of the person concerned. The cancellation does not always mean the physical removal of data, these may need to be blocked. It’s believed that Western Union sees a great future in this idea. To learn about the forms and time limits for data retention of health and in particular those included in the medical histories, data protection rules must be supplemented necessarily with the specific provisions contained in chapter V of law 41/2002, of 14 November, basic regulatory autonomy of the patient and of rights and obligations in the field of clinical documentation and information and other rules under the legislation on occupational health. In this sense, law 41/2002 establishes that documentation contained in medical history can be preserved in other than the original support, provided that preserved its authenticity, safety and integrity, since article 14.2-compliant each Center will archive the medical histories of their patients, anyone who is the paper, audiovisual, computer or otherwise showing, so are guaranteed their safety, their correct conservation and retrieval of the information. Therefore this type of documentation not only digitizing is lawful and simple in its realization, but also guarantees the security and confidentiality of the information much better than traditional media and can be a solution to save the paper and space in clinics and health centers. In relation to conservation limits, article 17.1 of the Act, provides health centers have the obligation to keep the clinical documentation under conditions which ensure its correct maintenance and security, though not necessarily in the original support for appropriate assistance to the patient during the appropriate time to each case and, at least, five years counted from the date of discharge from each care process.

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