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Article 11(5) of the Personal Data Protection Act provides that the doctor designated by the patient concerned can exercise the right of access to the patient’s healthcare data. When a patient seeks for healthcare service, there would be practical difficulties if a doctor has to be authorized by the patient before the access to his healthcare records. Will there be any other solutions to such situation?
Article 11(5) of the Personal Data Protection Act provides that the doctor designated by the patient concerned can exercise the right of access to the patient’s healthcare data. When a patient seeks for healthcare service, there would be practical difficulties if a doctor has to be authorized by the patient before the access to his healthcare records. Will there be any other solutions to such situation?
QQuestions:
Article 11(5) of the Personal Data Protection Act provides that the doctor designated by the patient concerned can exercise the right of access to the patient’s healthcare data. When a patient seeks for healthcare service, there would be practical difficulties if a doctor has to be authorized by the patient before the access to his healthcare records. Will there be any other solutions to such situation?
AReply
The access to healthcare data referred to in Article 11(5) of the PDPApertains to a data subject who needs to access his or her healthcare data, including the healthcare records, by appointing a doctor for the service. That is a case different from seeking service in clinical visits, in which it is appropriate for the servicing doctor to review the healthcare data in order to diagnose.
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