ArgentinaLey 26.529, patient rights: access to the clinical record
Ley 26.529, arts. 14, 19, 20 and 21 (patient rights: access to the clinical record)
In force since .
A data subject rights rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
- Obligation class
- Data subject rights, Disclosure
- Audit expectation
- none
What it requires
- 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.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Ministerio de Salud de la Nación in the national jurisdiction, and the highest local health authority of each province and of the Ciudad Autónoma de Buenos Aires
What it makes you log
Logging duty
Articles 14 and 19 set a forty-eight hour delivery of the record and who may request it; none requires a log of requests, an audit or a report to the regulator.
- Kind
- None
- As of
What this law does
Article 14 of Ley 26.529 makes the patient the holder of the clinical record and requires a copy authenticated by the competent authority of the care institution to be delivered on the patient's simple request within forty-eight hours, except in an emergency.
Article 19 entitles the patient and their legal representative, the spouse or cohabiting partner and forced heirs with the patient's authorization, and doctors and other health professionals with the express authorization of the patient or their representative to request the clinical record, and requires the depositary to hold a backup copy for that purpose.
Article 20 gives a person entitled under article 19 a direct habeas data action to obtain the clinical record when the custodian refuses, delays or stays silent, and exempts the action from court costs in the national jurisdiction. Article 21 makes a failure by professionals and heads of care establishments to meet the Act's obligations a serious fault, punishable in the national jurisdiction under Title VIII of Ley 17.132.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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