SpainLey 41/2002, Patient Right of Access to the Clinical Record and Active Custody of It in Spain
Ley 41/2002, de 14 de noviembre, arts. 18 and 19
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Security
- Audit expectation
- none
What it requires
- If you run a public or private health centre or service in Spain, let a patient (or a duly accredited representative) access the clinical record and obtain a copy of the data in it, through a procedure you regulate, while protecting third persons' confidential data and professionals' subjective notes (Ley 41/2002, Article 18(1) to (3)).
- If you are a health centre or individual practitioner holding the record of a deceased patient, give access only to persons connected to the patient for family or de facto reasons, unless the deceased prohibited it, and keep the clinical records under an active and diligent custody mechanism (Ley 41/2002, Articles 18(4) and 19).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 18 and 19 give a right of access to the clinical record and a right to active custody of it, and name no log of access to or custody of the record.
- Kind
- None
- As of
What this law does
A patient has the right of access to the documentation in the clinical record and to obtain a copy of the data in it. Health centres must regulate a procedure that ensures a patient's right of access to the clinical record is observed. A patient's right of access to the clinical record may also be exercised through a duly accredited representative.
A patient's right of access to the clinical record may not be exercised to the detriment of third persons' right to confidentiality of data recorded in the patient's therapeutic interest, and the professionals who took part in preparing it may withhold their subjective notes. Health centres and individual practitioners give access to the clinical record of a deceased patient only to persons connected to the patient for family or de facto reasons, unless the deceased expressly prohibited it.
A patient has the right to have health centres establish a mechanism of active and diligent custody of clinical records.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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