ChileLey 20.584, clinical record (ficha clínica) as sensitive data: confidentiality, retention and access
Ley 20.584 Regula los Derechos y Deberes que Tienen las Personas en Relación con Acciones Vinculadas a su Atención en Salud, arts. 12 and 13 (ficha clínica)
In force.
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Treat all information in a ficha clínica, and in the studies and documents recording procedures and treatments, as sensitive data under Ley 19.628 (Article 12).
- Keep the ficha clínica for at least fifteen years, complete, accessible, preserved and confidential in whatever medium it is held (Articles 12 and 13).
- Give no access to the ficha clínica to third parties not directly related to the person's health care, including staff of the same provider who are not linked to the care (Article 13).
- Deliver or make accessible the ficha clínica, in whole or in part, on the express request of the holder, the holder's legal representative or heirs, and of the other persons and bodies Article 13 lists, in the cases and form it states.
- Where you receive access to a ficha clínica, keep the holder's identity and the sensitive data in it confidential and use the information only for the purpose for which it was requested (Article 13).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 12 and 13 make the clinical record sensitive data, fix its retention and limit access to it. They name no log of who consulted the record, and no audit, access party or retention period for logs. The articles carry no territorial clause, so the hook is empty.
- Kind
- None
- As of
What this law does
Ley 20.584 treats all information in a ficha clínica, and in the studies and documents recording procedures and treatments, as sensitive data under Ley 19.628. Providers must keep the ficha clínica for at least fifteen years. Third parties not directly related to the health care of the person have no access to the ficha clínica. The ficha clínica is delivered or made accessible on express request to its holder, the holder's legal representative or, after the holder's death, the heirs.
The institutions and persons who receive access to a ficha clínica adopt the measures needed to keep the holder's identity and the medical, genetic and other sensitive data confidential, and to use the information only for the purpose for which it was requested.
When LexLint raises it
When your app profile says your app processes personal data or handles health records.
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