The right to access your health information: Your rights answered in four questions
Do I have the right to access my medical records?
Yes. Health information is the property of the individual, and you have the right to access your entire medical record, including test results, diagnostic images, diagnoses, treatments, and more. You also have the right to request the correction of inaccurate information and the inclusion of information that has been omitted in whole or in part. It's important to note that you have the right to be informed by your healthcare provider about your condition, the possible treatment options, and the likely progression of your condition. The information provided should be truthful, complete, transparent, accessible, and understandable to you, tailored to your specific circumstances. In fact, this is the only way to ensure that patients can exercise their freedom of choice, seek a second opinion, and ultimately, protect their fundamental right to healthcare. However, there are exceptions. Access may be denied in exceptional, well-justified cases where it can be clearly demonstrated that such knowledge could be harmful to the patient.
How can I access my medical records?
You can request access to your medical records directly from the healthcare facility where you are being treated. There's no need for a healthcare professional to mediate this process unless you specifically request it. Furthermore, you shouldn't have to pay any upfront fees. However, you might have to pay a fee if you want a copy of your records. It's important to know that this right to access your medical records applies to both public and private healthcare facilities.
Can a third party access my medical records?
There are three main scenarios to consider:
- With your consent: If you give your explicit consent, a third party can access your medical records, but only for the specific information and purposes you've agreed to.
- Without your consent: A third party can only access your records if they have a direct, personal, and legitimate reason to do so. Even then, access is limited to what's strictly necessary.
- If your wishes are unclear: In cases where it's difficult to determine your wishes, a healthcare professional may be involved in granting access. However, they must adhere to strict confidentiality and necessity principles. It's crucial to remember that consent must be given freely and informedly by a capable individual.
What can I expect from healthcare facilities?
Health data falls into a special category of personal data, which, due to their intrinsic link to the individual, deserve heightened protection. This means that, as a rule, medical information stored in healthcare facilities is intended solely for the provision of care and treatment of the patient to whom it is linked.
Healthcare facilities must ensure the confidentiality of medical records, including at an internal level. This means that only healthcare professionals responsible for the treatment should have access to it. In the event that another professional needs to access it, it must be under the supervision of the person in charge and only to the extent strictly necessary for the performance of the treatment/examination/intervention.
It should be noted, however, that while consent is the main authorizing element for the processing of sensitive data, it is not the only situation where this can happen. Cases such as the use of data (provided they are anonymized) for research purposes or for reasons of public interest in the field of public health may justify the processing of such data
