Module 4

Data Privacy
m3 Act
CHARRY MAE P. ROMERO, DMD
 Introduction
• Republic Act 10173 of 2012 also known as the Data Privacy Act is a law
that desires to protect all forms of information. According to the
National Privacy Commission, It is the policy of the state to protect the
fundamental human right of privacy, of communication while ensuring
the free flow of information to promote innovation and growth.
www.privacy.gov.ph (Links to an external site.)
 Objectives:
1. Explain the importance of non-disclosure of individual's information in a hospital
setting by stating examples of their own experiences.
2. Show how to handle properly private information divulge by the patients and
staff in the hospital by giving different situations as an example.
3. Demonstrate how to protect themselves from misuse of personal and private
information by understanding the law
A Professional’s Secret
It is a physician’s/medical worker to keep patient’s information confidential.

Confidentiality relates to the disclosure or nondisclosure of patient

information, both personal and medical.
 Medicine is about: “Can we?”
Basis for Ethics is about: “Should we?”
-TV RAO, MD (Travacore, Med. College)
Confidentiality
Components of Confidentiality

1.Autonomy- respect for persons

and patient’s rights
2.Beneficence- uphold patient’s
privacy
3.Non-Maleficence- avoid damage to
the patient
Legal Consideration:

DATA PRIVACY ACT

*An act protecting individual personal information in information
and communications systems in the government and the private
sector, creating for this purpose a national privacy commission,
and for other purposes
Rights:

✓Right to be informed
✓Right to access
✓Right to object
✓Right to erasure or blocking
✓Right to damages
✓Right to file a complaint
✓Right to rectify
✓Right to data portablity
Right to be informed

• Your personal data should never be collected,

processed and stored without your explicit consent

Right to access
• Ask whether an organization holds your personal
data and to gain “reasonable” access
Right to object

• You can object if the personal data processing involved is

based on consent or on legitimate interest

Right to erasure or blocking

• Right to suspend, withdraw or order the blocking or
destruction of your personal data
Right to damages

• You may claim compensation if you suffered damages

due to inaccurate, incomplete, outdated, false,
unlawfully obtained data

Right to file a complained

• If info has been misused, maliciously disclosed,

improperly disposed
Right to rectify

• Right to dispute and correct inaccuracy or error in

your data
 WMA Declaration on Rights of the Patient

All identifiable information about a patient’s health status- medical

condition, diagnosis, prognosis and treatment and all other information
of a personal kind, must be kept confidential even after death.

In addition: all identifiable pt data including human substances, must

be protected and stored appropriately.
Mandatory Reporting

Justified by the society’s need for info:

• Filing reports of births, deaths
• Registries for communicable diseases, cancers and
other rare diseases
• Drug addiction
• Cases of abuse, violence
Breach in Confidentiality

• “Routine” breaches occur frequently with shared

information among health care team members
and students who access the medical records in
the course of care
• Need of translator/interpreters
• Patients who are not competent
• Family members who are routinely informed
about the patient’s condition/progress
Promotion of justice and public safety

• Complying with legal requirements can conflict with

respect for human and patient’s rights to breach
confidentiality. Discern and think critically to make
sure that breach is justified.
HIPAA Privacy Rule (Health Insurance Portability and Accountability
Act of 1996)
• -establishes national standards to protect individuals medical records
and other personal health information and applies to health plans
and health care providers that conduct transactions electronically

• Requires appropriate safeguards to protect privacy of personal health

info and sets limits and conditions on the uses and disclosures that
may be made without patient’s consent.
References
• https://www.privacy.gov.ph/data-privacy-act/
• https://www.youtube.com/watch?v=Kz-INokaRFs
• https://www.wma.net/policies-post/wma-
declaration-of-lisbon-on-the-rights-of-the-patient/
• https://www.hhs.gov/hipaa/for-
professionals/privacy/index.html