I promised to come back to some contributions. 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. For that reason, it is for a clinician not necessary to maintain data-copies from the patient (besides this should not be allowed either), because the patient has an external service which takes care for that. It is not anymore a clinician's business.
If it comes to a medico-legal procedure, the clinician, or his lawyer, should have access to all evidence which is important in context of this procedure. This does not differ from other legal procedures. 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. Bert Op za 1 sep. 2018 om 19:25 schreef Ian McNicoll <[email protected]>: > Hi Bert, > > There are certainly some implementations that allow for hard-deletes of > compositions and Ehrs. This is a complex area as GDPR does not confer an > absolute right for medical info to be forgotten (as I understand it). It > does allow for copies of the record to be retained for medico-legal > purposes. > > However, in our cloud-provider setting, we absolutely need to be able to > hard delete Ehrs, as people may simply want to switch CDR providers. As a > data processor, we have no right to keep t record, as long as it is > available via another provider. > > Ian > > Dr Ian McNicoll > mobile +44 (0)775 209 7859 <+44%207752%20097859> > office +44 (0)1536 414994 <+44%201536%20414994> > skype: ianmcnicoll > email: [email protected] > twitter: @ianmcnicoll > > > Co-Chair, openEHR Foundation [email protected] > Director, freshEHR Clinical Informatics Ltd. > Director, HANDIHealth CIC > Hon. Senior Research Associate, CHIME, UCL > > > On Sat, 1 Sep 2018 at 14:52, Bert Verhees <[email protected]> wrote: > >> OpenEhr does not really allow to delete data, only logical deletion (mark >> as deleted), but GDPR demands the right of the patient to be forgotten. >> >> Is there some change expected in the specs for compliance to GDPR, or was >> this already implemented? >> >> We had this discussion, slightly different, about ten months ago but no >> conclusion if I recall well >> >> Sorry if I missed a message about this. >> >> Thanks >> Bert Verhees >> > _______________________________________________ >> openEHR-technical mailing list >> [email protected] >> >> http://lists.openehr.org/mailman/listinfo/openehr-technical_lists.openehr.org >> > _______________________________________________ > openEHR-technical mailing list > [email protected] > > http://lists.openehr.org/mailman/listinfo/openehr-technical_lists.openehr.org >
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