Data Protection Health and Medical History in Spanish and European Regulations

Abstract

The Spanish Constitution in his article 18, besides, to dedicate as fundamental right the right to the personal and familiar intimacy, refers, likewise, in his fourth paragraph to the protection right of information of personal character, when it alludes to the use of the computer science in relation with the right to the honor and the personal intimacy of the citizens. Inside this right to the protection of information of personal character an outstanding place occupies the information relative to the health; and inside these, the genetic information, as sensitive information, and that are an object of a reinforced protection. His use, access, and transfer to third parties need the express assent of the interested party, except suppositions of urgency or to realize epidemiological studies according to the terms established in the sanitary state and autonomous legislation. In any case, the institutions and sanitary public and private centers and the corresponding professionals can proceed to the treatment of the personal information relative to the health of the persons who come they, and only in the area relative to the exercise of his functions. The documents referred to the welfare processes of every patient as the clinical history, in which there will join the information that, is considered to be transcendental for the knowledge veracious and updated of the bill of health of the patient it turns out, equally, necessary to guarantee his safety, his correct conservation and the recovery of the information that controls itself in her, being able to accede only the welfare professionals of the center that, they realize the diagnosis or the treatment of the patient, as fundamental instrument for his suitable assistance, and equally, the personnel of administration and management of the sanitary centers in the related thing to his own functions. On such bases, the present study is going to centre on the analysis of the information relative to the health, and especially, on the genetic information, and to the use and access of the clinical history so much on the general regulation relative to the protection of information as autonomous and existing European on relation with the matter; and, of more specific form in the sanitary legislation.