Dear Bert, Reading again a thick report by our Royal Dutch Medical Association about the interpretation of this pecific Dutch law my opinion is NOT changed. In a separate e-mail you can read some relevant pages.
In summary. 'Information can be destroyed' is the text. There are two important conditions when it is not allowed to destroy information: - because of legal reasons - because of a substantial interest for others not to destroy it. An example is a legal process, or genetic information. What is not explicitly discussed in this report is the use case where decisions have been made on the basis of information that the patient wants to remove. In my opinion in this use case the information can never be removed physically or logically in the context of these decisions and the legal implications. But it must be removed logically in the context of information that can be transmitted to others. Later in the report there is a chapter on the EHR and deletion. They explicitly mention that deletion in the electronic sense means destruction of the hard disk and CD-rom, etc. This is not possible. A pragmatic solutions in terms of a well behaved Information system, implicating logical delete plus specific business rules, is the optimal solution. Gerard -- <private> -- Gerard Freriks, arts Huigsloterdijk 378 2158 LR Buitenkaag The Netherlands T: +31 252 544896 M: +31 654 792800 On 22-apr-2006, at 10:20, Bert Verhees wrote: > Gerard Freriks schreef: >> Dear all, >> >> In the paper world, I know, it is clear. >> >> A document with legal implications can never be destroyed without >> any trace. >> A document with legal implications can be removed from a registry >> in one place and moved to a special registry, folder, cupboard, etc. >> >> And the same is true for data entered (and attestedand therefor >> with leagal implications) in the paper file. >> What is in it, stays in it. >> It is explicitly forbidden to remove, scratch out, made >> unreadable, etc. > Sorry Gerard, in my opinion you are wrong, article 455 of WGBO (law > of protection of personal data) states very explicitly that a > patient can demand destroying of his record. > I wrote this two days ago. The holder of this record must obey > within 3 months after demanding, and there are some exclusions, but > the fact is that there are situations where those exclusions do not > apply. > So permanent deletion of records is a demand of the law. > > Bert > -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://lists.openehr.org/mailman/private/openehr-technical_lists.openehr.org/attachments/20060422/47908ed5/attachment.html>
