NetherlandsCivil Code Book 7 Articles 455 and 456 (WGBO), Patient Right to Destruction of and Access to the Medical File
Burgerlijk Wetboek Boek 7, Arts. 455 and 456
In force.
A data subject rights rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you are a care provider treating a patient, destroy the data in the patient's file after a written or electronic request from the patient, except for data whose retention is reasonably likely to be of considerable importance to someone other than the patient, or where a rule of or under the law opposes destruction (Burgerlijk Wetboek Boek 7 Article 455).
- Give the patient who asks access to, and a copy of, the data in the patient's file, withholding them only so far as necessary to protect another person's privacy (Article 456).
These lines are LexLint's reading of the law's text.
What this law does
A care provider must destroy the data in a patient's file after a written or electronic request from the patient. A care provider's duty to destroy patient file data on request does not apply to data whose retention is reasonably likely to be of considerable importance to someone other than the patient, or where a rule of or under the law opposes destruction. A care provider must give a patient who asks access to, and a copy of, the data in the patient's file. Access and copies are withheld so far as that is necessary to protect another person's privacy.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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