[LEGAL ARTICLE]

In the situation that the epidemic is spreading more and more, many issues related to health law have been raised regarding the rights and obligations of patients towards the community and society. However, in this context, the right to keep the patient's health information confidential is one of the rights being violated and exploited the most, negatively affecting the patient's psychology. Especially for those who have been quarantined, the right to protect confidential health information must be given more priority.

Pursuant to Clause 2 of Article 3 The 2009 Law on Medical Examination and Treatment stipulates the principles of medical examination and treatment practice: 

“Respect the patient's rights; keep secret information about health status and private life recorded in medical records, except for the cases specified in Clause 2, Article 8, Clause 1, Article 11 and Clause 4, Article 59 of this Law.”

Pursuant to Article 8 Law on medical examination and treatment 2009 provides for the right to respect privacy: 

"first. To keep confidential information about health status and private life recorded in medical records.

2. Information specified in Clause 1 of this Article is only allowed to be disclosed with the patient's consent or to share information and experiences in order to improve the quality of diagnosis, care and treatment among practitioners in the group. directly treat the patient or in other cases prescribed by law.”

Pursuant to Clause 4.5 of Article 59 The 2009 Law on Medical Examination and Treatment provides for medical records:

“4. The head of a medical examination and treatment establishment shall decide to permit the exploitation of medical records in the following cases:

1. a) Interns, researchers, practitioners in medical examination and treatment facilities are allowed to borrow on-site medical records to read or copy for research or professional technical work;
2. b) Representatives of state management agencies in charge of health directly managing medical examination and treatment establishments, investigation agencies, procuracies, courts, specialized health inspectors, insurance agencies, and organizations Forensic assessment organizations, forensic psychiatrists, lawyers may borrow medical records on the spot to read or copy for their assigned tasks according to their authorized competence;
3. c) The patient or his/her representative may receive a summary of the medical record as prescribed in Clause 1, Article 11 of this Law.
4. The subjects specified in Clause 4 of this Article, when using the information in the medical records, must keep it secret and only use it for the right purposes as proposed to the head of the medical examination and treatment establishment.

Thus, information about the patient's medical records and health information must be kept confidential and only disclosed when the patient permits or falls under the provisions of Point c, Clause 4, Article 59 of the Law on Medical Examination and Treatment. 2009 aims to share information and experiences in order to improve the quality of diagnosis, care and treatment of patients among practitioners in the group directly treating patients or in the case of being examined by the head of the facility, Medical treatment decides whether to allow the exploitation of medical records for students, researchers, practitioners to read, copy for study, or in cases where representatives of state management agencies in health directly manage them. Managers, procuracies, courts, specialized medical inspectors, etc., borrow medical records on the spot to read or copy to serve their duties. 

Above is the article "Patients' RIGHT TO KEEP HEALTH INFORMATION CONFIDENTIAL ". If you ever need free legal consultancy service, please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn.

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