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Personal data protection in health care area: legal aspects of health care documentation with special regard to right of privacy of human being
Široká, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Archiving and processing of personal data and its overall treatment in relation with medical care service is still an underestimated issue. Current situation is influenced mainly by the fact, that traditional, yet obsolete, paternalistic conception of relation between medical care provider and patient comes out of centralistic view on health care system that gave the provider (respectively medical staff), as the stronger side of this relation, almost exclusive powers over human (patient). Result of this phenomenon was a continuous and universal disrespect to the right to privacy and implying right to protection of personal data. Data relating to health condition of person were thought of as property of medical staff that got used to treat them at their will. All of this was happening within legal regulation that was far from being perfect. Significant and conceptual legal adjustment was set when ratifying Convention on Human Rights and Biomedicine (n. 96/2001 Sb.m.s.). Convention persists on theory, that diagnosis in no more than law and thus human being is superior to interests of science or society. Current legal regulation of preserving personal data in health care area could not hold out any more due to accessing to the Convention. That is the reason why these days everyone has a recognized...
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Personal data protection in health care area: legal aspects of health care documentation with special regard to right of privacy of human being
Široká, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Archiving and processing of personal data and its overall treatment in relation with medical care service is still an underestimated issue. Current situation is influenced mainly by the fact, that traditional, yet obsolete, paternalistic conception of relation between medical care provider and patient comes out of centralistic view on health care system that gave the provider (respectively medical staff), as the stronger side of this relation, almost exclusive powers over human (patient). Result of this phenomenon was a continuous and universal disrespect to the right to privacy and implying right to protection of personal data. Data relating to health condition of person were thought of as property of medical staff that got used to treat them at their will. All of this was happening within legal regulation that was far from being perfect. Significant and conceptual legal adjustment was set when ratifying Convention on Human Rights and Biomedicine (n. 96/2001 Sb.m.s.). Convention persists on theory, that diagnosis in no more than law and thus human being is superior to interests of science or society. Current legal regulation of preserving personal data in health care area could not hold out any more due to accessing to the Convention. That is the reason why these days everyone has a recognized...
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