Normal process in healthcare: - The patient comes in and signs an informed consent. This is the place where the Hospital states it has to keep the records for a zillion years. Check https://gdpr-info.eu/art-6-gdpr/ - Then after a while the patient thinks "let's delete my data at the Hospital" :-), so the next chapter pops in at https://gdpr-info.eu/art-17-gdpr/
Now the Hospital says look dear "data subject" you have signed the informed consent and we have the law that stated we have to keep the data. Check Art 6 bullet 3: Paragraphs 1 and 2 shall not apply to the extent that processing is necessary, therefore check https://gdpr-info.eu/art-9-gdpr/. Think it's all there.. :-) Op ma 3 sep. 2018 om 13:59 schreef Karsten Hilbert <karsten.hilb...@gmx.net >: > On Mon, Sep 03, 2018 at 01:08:41PM +0200, Bert Verhees wrote: > > > So, on medico-legal purposes as Ian and Karsten and maybe others referred > > to, a patient, if he maintains his own PHR, and he likes to delete it, he > > can never sue a clinician, because, he, himself, destroyed important > > evidence. > > That is certainly not true, and also not what I intended to say. > > > For that reason, it is for a clinician not necessary to maintain > > data-copies from the patient > > What ? Even sub-legal practice law mandates keeping a record :-) > > I am sure I misunderstand what you are saying. > > > If the clinician needs access to the data, for example, to prepare for a > > visit next day, he can ask the patient to allow access to the PHR the day > > before the visit, but these are al infrastructural details, for which > > solutions can be found. > > Not in the real world today. > > Karsten > -- > GPG 40BE 5B0E C98E 1713 AFA6 5BC0 3BEA AC80 7D4F C89B > > _______________________________________________ > openEHR-technical mailing list > openEHR-technical@lists.openehr.org > > http://lists.openehr.org/mailman/listinfo/openehr-technical_lists.openehr.org > -- Regards, Jan-Marc Mobile: +31 6 53785650 www.medrecord.io
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