Catalog / Handles health records / LXD-6705

Handles health records, in Argentina

Ley 25.326, sensitive data categories and health datasince 5 lines

Ley 25.326, arts. 7-8 (sensitive data categories and health data) · Read the law's page

  • Do not require a person to provide sensitive data (racial or ethnic origin, political opinions, religious, philosophical, or moral convictions, union membership, or health or sexual-life information).
  • Collect and process sensitive data only for a reason of general interest authorized by law, or for statistical or scientific purposes where the data subject cannot be identified.
  • Do not form a file, bank, or registry whose purpose is to store information that directly or indirectly reveals sensitive data, unless it is a membership registry a church, religious association, or political or union organization keeps of its own members.
  • Process a person's criminal or administrative-offense record only if you are a competent public authority acting under the applicable laws and regulations.
  • As a health establishment or health professional, collect and process a patient's physical or mental health data under the rules of professional secrecy.
Ley 26.529, patient rights: access to the clinical recordsince 3 lines

Ley 26.529, arts. 14, 19, 20 and 21 (patient rights: access to the clinical record) · Read the law's page

  • On a patient's simple request, give them a copy of their clinical record authenticated by the competent authority of the care institution, within forty-eight hours of the request except in an emergency.
  • Release the clinical record on request only to the patient and their legal representative, to their spouse or cohabiting partner and forced heirs with the patient's authorization unless the patient cannot give it, or to doctors and other health professionals the patient or their representative has expressly authorized, and hold a backup copy of the record for that purpose.
  • Expect a person entitled to the record to bring a direct habeas data action against you if you refuse, delay or stay silent on a request for it.
Ley 26.529, patient rights: confidentiality and custody of health informationsince 4 lines

Ley 26.529, arts. 2(c), 2(d), 13 and 18 (patient rights: confidentiality, integrity and custody of health information) · Read the law's page

  • Treat a patient's clinical information and documentation with strict respect for their privacy and the confidentiality of their sensitive data whenever you obtain, classify, use, administer, hold or transmit it, without prejudice to Ley 25.326.
  • Keep the clinical documentation confidential, and make everyone who takes part in preparing or handling it or has access to it do the same, unless a competent court orders otherwise or the patient authorizes disclosure.
  • If you keep the clinical record in magnetic form, use restricted access with identification keys, non-rewritable storage media, field-modification control or another suitable technique to preserve its integrity, authenticity, unalterability, durability and recoverability.
  • As a care establishment or a health professional with a private practice, hold the clinical record in custody as depositary and put in place the means and resources to prevent access to it by unauthorized persons, for at least ten years from the last entry recorded.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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