Code on Public Health and Healthcare System, secrecy of medical worker
Code of the Republic of Kazakhstan on Public Health and Healthcare System No. 360-VI (), Art. 273
In force.
A sensitive categories rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app or service that holds personal medical data, information on a person's seeking of medical advice, state of health or diagnosis obtained during examination or treatment must treat it as secrecy of a medical worker and must not disclose it, where the data became known to the app's staff in training, in professional duties or in other official obligations.
- Disclose that data for research or use in teaching only with the informed consent of the patient or the patient's legal representative, and otherwise only in a case Article 273(4) lists, such as a request from the bodies of inquiry and preliminary investigation, the prosecutor or a court in an investigation or judicial proceeding.
- Do not connect an electronic information resource that holds personal medical data to a telecommunication network linking it to other databases without the consent of the natural persons concerned, except in the cases Article 273(6) lists.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What it makes you log
Logging duty
Article 273 makes personal medical data a secrecy of the medical worker and limits its disclosure. It states no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Article 273(1) of the Code on Public Health and Healthcare System makes personal medical data, information on seeking medical advice, a person's state of health, the diagnosis of a disease and other details obtained during examination or treatment a secrecy of the medical worker.
Article 273(2) forbids anyone to whom those details become known in training, professional duties or other official obligations to disclose them, except in the cases of Article 273(3) and (4), which cover disclosure with informed consent for research and teaching and a list of cases that need no consent.
Article 273(6) bars connecting electronic information resources holding personal medical data to networks linking them to other databases without the consent of the persons concerned, with listed exceptions. Article 275 leaves liability for violating healthcare legislation to the laws of Kazakhstan.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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