Chapter 1. The law's scope of application, etc.
The scope of the law
section 1 of this Act apply to the provider's treatment of
personal data in the health care system. The Act is also available
provisions on the obligation to maintain patient records.
The Act applies mutatis mutandis also information about the deceased
persons.
The policy of the law
2 § information management in health care should be
organised to meet patient safety and good
quality and cost-efficiency.
Personal data shall be designed and otherwise processed so that
patients and other data subject's privacy is respected.
Documented personal information shall be handled and stored so that
unauthorized access to them.
Definitions
section 3 of this Act, the following expression is used with the following
importance.
Expression Significance
Health care activities referred to in the health and
Medical Services Act (1982:763),
Dental Act (1985:125), the Act
(1991:1128) on involuntary psychiatric,
Act (1991:1129) on forensic psychiatric
care, Act (2004:168),
Act (1972:119) laying down
sex in some cases, the law
(2006:351) about genetic privacy, etc.
as well as the repealed Act (1944:133) if
castration.
Journal action petition in writing or picture and
absorption which can be read, listened to
or otherwise be perceived only
with technical aid and that
drawn up or received in connection with
the care of a patient and that contain
information on the patient's State of health
or other personal circumstances
or if the measures taken or planned
care procedures.
Medical report one or more journal documents
relating to the same subject.
Coherent
keeping an electronic system, which makes it
possible for a caregiver to provide or
get instant access to personal information
in another health care provider.
Caregivers State Agency, County and municipality
in the case of healthcare
that authority, the County Council or
the municipality is responsible for (public
health care provider), as well as other legal entity
or individual operators
engaged in health care (private
health care providers).
Law (2012:458).
The relationship to the personal data Act
paragraph 4 of the personal data Act (1998:204) applies to such processing
of personal data in the health care system that is fully or
partially automated or where data are contained in or are
intended to be part of a structured set of personal data
that are available for searching or compilation under
specific criteria, unless otherwise provided by this Act, or
regulations issued pursuant to this Act.
Chapter 2. Basic provisions on the treatment of
personal data
The scope of this chapter
Article 1 the provisions of this chapter shall apply to such
the processing of personal data referred to in Chapter 1. 4 section.
The individual's attitude to personal data treatment
section 2 of the processing of personal data is allowed under this
law may be carried out even if the individual are opposed. The
does not apply in the cases referred to in Chapter 4. section 4, Chapter 6. and 7
Cape. section 2 or if something else is clear from the other team or
Regulation.
paragraph 3 of the processing of personal data which is not permitted under the
This law may still happen, if the individual made an explicit
consent to the treatment. It does not however apply in the case
given in Chapter 6. section 5 or if something else is clear from the other team
or regulation.
The Government may provide for the treatment of
personal information that is not allowed under this law does not
even in other cases may be carried out even though the individual left
consent to the treatment.
Purpose of the processing of personal data
section 4 of the personal data may be processed within the health care system if
It is needed for
1. to fulfill the obligations set out in Chapter 3. and establish
other documentation as required in and for the care of patients,
2. administration related subjects and that is intended to provide
care in individual cases or which otherwise arise from care in
individual cases,
3. to establish any other documentation required by law,
Regulation or administrative provision,
4. to systematically and continuously develop and secure
the quality of the business,
5. administration, planning, monitoring, evaluation and
supervision of the activity, or
6. the production of statistics on health care.
In Chapter 7. 4 and 5 sections, there are special provisions for the purposes
to the processing of personal data in national and regional
quality records.
paragraph 5 of the personal data processed for the purposes referred to in paragraph 4 of the
may also be processed for the performance of reporting that takes place
in accordance with law or regulation. In the other case
paragraph 9 (d), second subparagraph, the personal data Act
(1998:204).
Privacy responsibility
section 6, a health care provider is a data controller for the processing
of personal data provider executes. In counties and
is each authority engaged in health care
the data controller for the processing of personal data
which authority carries out.
The personal data in accordance with the first paragraph also covers
the processing of personal data the caregiver, or the
authority of a county or a municipality that is
controller, performs when the caregiver or authority
through direct access in an individual case is preparing to walk
to the personal data of a patient in another health care provider
or other authority in the same county or municipality.
In 6 and Chapter 7. There are special provisions on
data protection responsibilities.
Personal data may be processed
section 7 of The health care provider may process only such personal data
necessary for the purposes set out in paragraph 4. Data on
violations of law, etc., referred to in section 21 of the Act
(1998:204) may be processed only if it is absolutely necessary
for such a purpose. A health care provider who is not a State
authority, County or municipality may under these
prerequisites to process data relating to offences, etc. which
referred to in section 21 of the Act.
Search terms
8 § sensitive personal data referred to in paragraph 13 of
personal data Act (1998:204) or data on
violations of law, etc., referred to in paragraph 21 of the same law shall not
be used as a search term. Nor may information relating to any
received aid or been subject to other efforts within the
social service or pursuant to the Aliens Act (2005:716)
as a search term.
This is despite the prohibition laid down in the first subparagraph shall be permitted to that
search terms use data on
1. health, or
2. that someone has been subject to coercive intervention by the law
(1991:1128) on involuntary psychiatric or Act (1991:1129)
If offenders.
The Government may provide that a health care provider, despite
the prohibition referred to in the first subparagraph, may use the data on ethnicity
or data of importance for disease control as well as to any
received aid or other efforts in social services or
been the subject of action under the Aliens Act, which
search terms in order to make some kind of compilations.
Chapter 3. The obligation to keep medical records
Introductory provision
§ 1 in the care of patients should be kept medical records. A
medical records should be kept of each patient and may not be
common to several patients.
In Chapter 6. provides for immediate access to other
health information on patients through coherent
journaling.
The purpose of a health record
2 § the purpose of bringing a patient record is primarily to
contribute to a good and safe care of the patient.
A patient record is also a source of information for
-patient,
-follow-up and development of the business,
-supervision and legal requirements,
-obligation to provide data according to the law, as well as
-research.
Persons who are required to have a health record
section 3 is required to maintain a patient record is
1. According to Chapter 4. Patient Safety Act (2010:659) has
ID or special appointment to exercise specific occupation,
2. any person who, without having the proper identification of the profession, carry out
tasks that would otherwise only to be performed by the speech therapist,
psychologist or psychotherapist in the general health and
the health care system or perform such duties within the
individual health care assistance to the licensed
professionals, and
3. a person who works as a counselor in the public health
the health care system. Law (2010:677).
Responsibility for the information in a health record
4 § the patient record is responsible for their tasks
the journal.
A patientjournals content
5 § health record shall contain only the information
necessary for the purposes set out in Chapter 2. 4 section 1
and 2.
section 6 of The medical report shall contain the information needed
for a good and safe care of the patient.
Where available, should a patient record
always include
1. indication of the identity of the patient,
2. the essential details of the background to the care,
3. the diagnosis and cause for more
significant actions,
4. essential characteristics of the measures adopted and planned measures;
5. the information provided to the patient,
his parents and other family members and about the
statements made regarding the choice of
treatment options and about the possibility of a new medical
assessment, as well as
6. a statement that a patient has decided to refrain from certain
care or treatment.
Patient's record shall further contain an indication of who has
made a particular note in the journal, and when the note
was. Law (2014:827).
7§ in addition to the provisions of paragraphs 5 and 6, a
medical records contain the information by law or
other statutes shall be recorded in a medical report.
section 8 if the patient believes that a task in the patient's record is
inaccurate or misleading, it should be recorded in the journal.
§ 9 data shall be recorded according to the 6-8 sections shall be entered in the
the journal as soon as possible.
section 10 a note should, if there is no
extraordinary obstacles, be signed by the person responsible for the task.
section 11 If a journal document or a transcript or copy of
the plot has been disclosed to someone, it should be documented in the
patient who has a document, copy or
copy, and when this has been left out. However, this does not
disclosure by direct access.
section 12 of the Government or the authority, as the Government determines
may provide for a derogation from the second subparagraph of paragraph 6 of 1
in the case of sampling for specific disease and from section 10 concerning the
the signing requirements.
The Government or the authority that the Government may
provide for a journal content and action
Design.
The language of medical records
paragraph 13 of The journal documents drawn up within the health and
health care should be written in the Swedish language, be clearly
designed and as light as possible to understand the patient.
The Government or the authority that the Government may
provide that such a journal document may be
written in a language other than Swedish.
Management of patient records
section 14 of the Data in a journal document must not be erased or
be made illegible in cases other than those referred to in Chapter 8. 4 section.
On the rectification of a mistake shall identify when correction is
occurred and who made it.
section 15 of the Government or the authority, as the Government determines
may provide for how to handle patient records
and stored.
Obligation to issue certificate of health care
section 16 of the person referred to in paragraph 3 shall be obliged to bring medical records should
at the request of the patient care issue.
Preservation of journal documents
section 17 a journal document shall be kept at least 10 years after the
the last task was brought into the action. Government or
the authority that the Government may announce
that some kind of journal documents must be preserved
For more than ten years.
Specific provisions on the conservation of journal documents
been disposed of at the discretion of the Inspectorate for health and
care, see Chapter 9. 4 section. Law (2012:954).
section 18 of the journal acts of public documents
applies, except as provided by section 17, the Archives Act
(1990:782) and the provisions issued pursuant
the Archives Act.
Medical records of war etc.
section 19 of the Government may announce specific regulations on
medical records at war, at war danger or in such
exceptional conditions that are caused by the fact that it is
war beyond the borders of Sweden or by the fact that Sweden has been in
war or war danger.
Chapter 4. Basic provisions on internal privacy and
electronic access within a provider's activities
Internal privacy
paragraph 1 of The working of a health care provider may have access to
documented information about a patient only if he or she
involved in the care of the patient or by other reasons need to
the data for his work in health care.
The assignment of permissions for electronic access
section 2 of a health care provider shall determine the conditions for the award of
access to such data on patients
kept wholly or partly automated. Such jurisdiction shall
be limited to what is necessary for the individual to be able to
discharge their duties within the health care system.
The Government or the authority that the Government may
provide for the assignment of permissions for access
the data partially or completely automated.
Control of electronic access
section 3 of a health care provider shall ensure that access to such data
If patients kept partially or completely automated
are documented and can be controlled. Caregivers should do
systematic and periodic checks of whether any unauthorized
access to such data.
The Government or the authority that the Government may
provide for documentation and inspection
the first paragraph.
The patient's ability to restrict electronic access for
care order
4 § personal information been documented for purposes specified in 2
Cape. 4 paragraph 1 and 2 in a care facility or within a
nursing process shall not be made available by electronic
access to the work at another care facility or in
Another care process with the same caregivers, if the patient
oppose it. In such cases, the task is blocked immediately.
Legal guardian of a child has the right to block
the child's information.
Stating that there are blocked data may be
available for other services or care processes.
5 § a latch under the first paragraph may be revoked by a Court of competent
executives at the health care provider, if
1. the patient agrees to it, or
2. patient's consent cannot be obtained and the information can
assumed to be relevant to the care that the patient strictly
need.
Indication of services or care processes that are blocked
the information shall, in the case referred to in 2.
Thereafter, only such data which are likely to be relevant
for the care of the patient is to be made available.
Protection of identity in some cases
clause 6 of section 14 of the Act (1996:1156) on prescription records available
provisions relating to E-hälsomyndigheten to disclose certain
information to the County Council about the prescription of medicines and
other goods and to data on the identity of the patient should
be encrypted at the disclosure.
Information referred to in the first subparagraph shall not be treated in the
order to reveal a patient's identity without the patient
agree to it.
Information about a patient's identity that has been documented in
the health care system and that the county councils shall sambearbeta with
data referred to in the first subparagraph shall be
encrypted so that the patient's identity is protected by
the treatment. Team (2013:1024).
Chapter 5. Basic provisions on disclosure of information
and documents, as well as certain disclosure obligations
Provisions of other laws
§ 1 provisions concerning the right of access to documents and
tasks within the general health care system, see
press freedom and public access to information and
secrecy (2009:400). Law (2009:525).
section 2 of the patient safety Act (2010:659) contains provisions which
limits the ability to disclose information from the individual
the health care system. Law (2010:677).
Government obligation to provide information from the journal established
within individual health care
§ 3 an authority referred to in Chapter 9. have care of a
medical report prepared within individual health care has,
If the task from the journal requested for particular cases, the same
obligation to leave the task to which it had been responsible for
the journal prior to the handover of authority.
Disclosure by direct access
section 4 Disclosure by direct access to personal information is
permissible only to the extent provided for by law or
Regulation.
If a county or a municipality engaged in health care
by several authorities, such authority be
direct access to personal data processed by any other
such authority in the same county or municipality.
Additional provisions on disclosure by direct access
see section 5, Chapter 6. and in Chapter 7. § 9.
§ 5, a healthcare provider may allow an individual access to
such information about the individual himself may be disclosed to
him or her processed for the purposes specified in 2
Cape. 4 paragraph 1 and 2. The individual may, under the same
conditions are allowed direct access to the documentation
referred to in Chapter 4. 3 the first sentence of.
The Government or the authority that the Government may
provide for the requirements on safety measures to be
apply to such direct access referred to in the first subparagraph.
Disclosure on medium for automated processing
section 6, May personal data be disclosed, it can be done on medium for
automated processing.
Chapter 6. Coherent journaling
Direct access to data in another health care provider
§ 1 a health care provider may, under the conditions set out in
section 2, have direct access to personal data processed by
other health care provider for the purposes set out in Chapter 2. section 4 first
paragraph 1 and 2.
Patient's influence on cohesive journaling, etc.
section 2 If a patient objects, other data on
the patient than those referred to in the second subparagraph shall not be made
available for other caregivers through single
journaling.
Stating that there are blocked information about a patient and
the health care provider who has blocked data may
be made available to other healthcare providers through coherent
journaling. Another health care provider take part of the task of
the health care provider who has blocked the information only under the
conditions set out in paragraph 4.
Before information about a patient are made available to other
caregivers through single journaling, patient
be informed about what the mainstream journalizing means and
If the patient can oppose that data other than those
referred to in the second paragraph are made available to other
caregivers through single journaling.
If a patient objects to tasks other than those
specified in the second subparagraph are made available to other health care providers
through coherent journaling the data shall immediately
be blocked. The custodian of a child cannot, however, block
information about the child. A patient may request at any time that
the health care provider who has blocked data lifts the latch.
Unblocked data on the patient should be made available to the
health care providers that are connected to the system with coherent
journaling. It should also be made for a task in the system if
There are unblocked data on the patient. Other
caregivers should be able to take part in this task without taking part of
the health care provider who has made the task
available content and other information.
2 a of a health care provider may make the information concerning a patient that is not
only occasionally lacks the ability to take a decision pursuant to article 2 of the
available for those caregivers who are connected to the system
with coherent journaling, if
1. patient's attitude to such personal data processing
as far as possible been clarified, and
2. There is no reason to assume that the patient would have
objected to the personal data treatment. Law (2014:829).
paragraph 3 of the order to a health care provider to obtain process data as a
other health care providers made available in the system with
coherent record keeping pursuant to article 2 of the fifth paragraph is required to
1. the information concerning a patient that there is a current
patient relationship with,
2. the data can be assumed to have relevance for prevention,
investigate or treat illnesses and injuries of the patient in
health and medical care, and
3. the patient consents to it.
The health care provider may also treat such data on
1. the information concerning a patient that there is or has been
a patient relationship with,
2. the data can be assumed to have significance for the issue of such
certificate referred to in Chapter 3. section 16, and
3. the patient consents to it.
To a health care provider to get the treat such data as a
guardian does not have the right to suspend pursuant to article 2 of the fourth
the second sentence requires that the conditions under
the first subparagraph of paragraph 1 and 2 or other paragraph, 1 and 2 are
met. Law (2014:829).
3 a of a health care provider may have access to the
caregivers who have made information available under 2
or 2 a of, if the patient is not only temporarily missing
ability to give consent under section 3(1) 3.
The health care provider may also process the data referred to in 2
or 2 a of, if
1. the healthcare provider believes that these are likely to be relevant for
the care that is necessary having regard to the patient's
State of health,
2. the patient's attitude to such personal data processing
as far as possible been clarified, and
3. There is no reason to assume that the patient would have
objected to the personal data treatment. Law (2014:829).
section 4 If there are blocked information on a patient and the
There is a danger to his life or that otherwise exist
serious risk to his health, the healthcare provider, the patient
can't unblock under the fourth paragraph of section 2, enjoy
indication of the caregivers who have blocked
the data. If the caregiver with the guidance of this task
considers that they blocked the information can be assumed to have significance for
the care that the patient strictly need, caregiver
request of the caregiver who has blocked the information that he
lifting the block.
If there are unblocked and the data on a patient
There is a danger to his life or that otherwise exist
serious risk to his health, the healthcare provider, the patient's
consent cannot be obtained in accordance with paragraph 3, take note of the statement of
the caregivers who have made the data
available. If the caregiver with the guidance of this task
determines that the data can be assumed to have unblocked importance for
the care that the patient strictly need, caregiver
treat the unblocked data.
§ 5, a caregiver must not treat another provider's
information about a patient in the system of coherent
journaling during other conditions than those set out in
3-4 sections, although the patient expressly consents to it.
Law (2014:829).
Personal data in connection with consistent journaling
section 6 of the Government or the authority that the Government may
provide for who should have responsibility for personal data
overall questions on technical and organisational
security measures at coherent journaling.
In Chapter 2. see paragraph 6 of the General provisions on the
data protection responsibilities.
Authorization and access control
section 7 of the Regulations in Chapter 4. paragraphs 2 and 3 shall also apply to
permission assignment and access control at the coherent
journaling.
Retention and deletion
section 8 When medical records are available to multiple healthcare providers
through consistent record-keeping obligation under 3
Cape. section 17 of the Act to maintain a journal, just the healthcare provider
is responsible for the action.
If a journal document or other document is available for
an authority only through coherent record keeping and
the authority is not responsible for it, the authority may screen
the story from their archive.
Chapter 7. National and regional quality registers
Introductory provision
section 1 With the quality records provided for an automated and
structured set of personal data which has been set up specifically
for the purpose of systematically and continuously develop and
ensure quality of care. Quality records shall allow
comparison in healthcare at national or
regional level. The provisions of this chapter apply to
national and regional quality register in which
personal data is collected from multiple healthcare providers.
The individual's approach to the treatment of quality records
section 2 of the personal information shall not be treated in a national or
regional quality register, if the individual is opposed to it.
If the individual disagrees with the processing of personal data since the
It started, the data shall be erased from the register as soon as
as possible.
2 a of for the individual who not only temporarily missing
ability to take a position in accordance with article 2 of the first subparagraph,
personal data are processed in a national or regional
the quality records, if
1. his or her attitude to such
the personal data treatment as far as possible been clarified,
and
2. There is no reason to assume that he or she
would have objected to the personal data treatment.
Personal data of a quality register shall, as soon as
possible obliterated, if after the personal data treatment
has begun is reason to assume that the individual
would oppose it. Law (2014:829).
Information
3 § Before personal data is processed in a national or
regional registry for the person who is
the personal data controller to ensure that the individual, in addition to the
information to be provided in accordance with Chapter 8. 6 section information
If
1. the right to receive information about himself wiped out
from the register,
2. the extent to which personal information is collected from any
source other than from the individual himself or his
medical records, and
3. the categories of recipients to whom personal data may be
to be disclosed to.
If it is not possible to provide this information before
the personal data treatment is started, it should be provided as soon as
as possible thereafter.
Quality registry purposes
4 section instead of what is stated in Chapter 2. 4 and 5 of the terms of
personal data in national and regional quality registers
may be processed for the purpose of systematic and continuous
develop and ensure the quality of care.
paragraph 5 of the personal data processed for the purposes referred to in
paragraph 4 shall also be processed for the purposes
1. the production of statistics,
2. research in health care,
3. disclosure to the person who will use the data for
purposes specified in 1 and 2 or in paragraph 4, and
4. performance of any other obligation arising
by law or regulation other than those mentioned in Chapter 6. paragraph 5 of the
public access to information and secrecy (2009:400). Law (2009:525).
section 6 of the personal data in national and regional
quality records shall not be processed for any purposes other than
those referred to in paragraphs 4 and 5.
Privacy responsibility
section 7 Only Governments in health care may be
controllers for central treatment of
personal data in a national or regional
quality records.
The Government or the authority that the Government may
may decide to derogate from the first paragraph.
In Chapter 2. see paragraph 6 of the General provisions on the
data protection responsibilities.
Personal data may be processed
section 8 Only such personal information as is necessary for the purposes for which the
set out in section 4 shall be treated in a national or regional
quality records.
An individual's social security number or name may be treated in a
national or regional quality registry only if there
is sufficient for the purposes set out in paragraph 4 using encoded
personal data or personal data that only indirectly can
be assigned to the individual.
Sensitive personal data referred to in paragraph 13 of the personal data Act
(1998:204), and which do not relate to health, as well as information on
violations of law, etc., referred to in paragraph 21 of the same law may be treated
only if the Government or the authority that the Government
decide in individual cases allows it.
Disclosure by direct access
§ 9 a caregiver may have direct access to the data
the health care provider submitted to a national or regional
quality records.
Retention and deletion
section 10 of the personal data in a national or regional
quality register for screening when no longer needed for the
purposes specified in section 4.
An archives authority within a county or a municipality may, however,
provide that personal information in a national or regional
quality register kept in the county or municipality may
kept for historical, statistical or scientific
purposes.
If the Government or the authority the Government particularly have
announced regulations in accordance with article 7 of the second subparagraph, the Government
or authority shall also provide that personal data may
kept for historical, statistical or scientific
purposes.
Chapter 8. Rights of the individual
The right to access information
paragraph 1 To an authority within the general health services during
certain conditions are required to disclose patient records
and other documents and information to a patient, evidenced by
press freedom and public access to information and secrecy
(2009:400). Law (2009:525).
section 2 a journal document within individual health care should at
the request of the patient or of a related to the patient as
soon as possible be provided to him or her to
be read or written by on site or in the transcript, or
copy, subject to the provisions of Chapter 6. section 12 or section 13, first
subparagraph patient safety Act (2010:659).
Questions about the disclosure of a document referred to in the first
subparagraph shall be examined by the responsible for the journal story.
Believe the person responsible to journal document or any part of the
It should not be released, he or she shall immediately with private
opinion shall submit the matter to the supervisory authority for the care and
care for review. Law (2012:954).
Corrigendum to:
paragraph 3, the provisions of section 28 of the personal data Act (1998:204), if the
at the request of the controller, the obligation to
registered to correct, block or delete personal data and
to notify third parties to whom the data have been provided
out, shall apply even where such processing of personal data
referred to in Chapter 1. 4 § in breach of this law.
According to Chapter 3. section 14 may be data in a journal document
erased or made illegible in cases other than those referred to in paragraph 4.
Destruction of medical records
4 section at the request of the patient or someone else who is mentioned in a
medical records, health care and social services inspectorate decide
the journal, in whole or in part, be destroyed.
The prerequisites for this are that
1. acceptable reasons are given for the application,
2. the patient record or the part of it that application relates
clearly not needed for patient care, and
3. from the general point of view obviously do not see reasons to
preserve the journal.
Before applying the final is tried, the charge of a
Journal action covered by the application shall be given an opportunity to
be heard. Law (2012:954).
Information
§ 5 a healthcare provider shall, at the request of a patient leaving
information about the direct access and electronic access to
information about the patient that occurred.
The Government or the authority that the Government may
announce details relating to the information referred to in the first
paragraph.
section 6 of The who is a data controller under this Act must see
to the data subject, information about
the personal data treatment.
That information shall include information on
1. who is the data controller,
2. the purpose of the processing,
3. the categories of data processed,
4. the obligation to provide data that can follow the law or
Regulation,
5. the privacy and security regulations
the data and processing,
6. the right under Chapter 4. 4 § in certain cases to request that
data is blocked,
7. the right under section 5 to receive information about the direct access
and electronic access that occurred,
8. the right to access information under section 26
personal data Act (1998:204),
9. the right to rectification and notification of third parties according to the
section 28 of the Act,
10. the right provided for in Chapter 10. § 1 the damages in the treatment of
personal information in contravention of this Act;
11. what applies in the case of search terms, direct access and
disclosure of information on medium for automated processing,
12. what applies in terms of retention and deletion, as well as
13. whether the personal data treatment is voluntary or
do not.
In Chapter 6. section 2 and 7. section 3 contains additional provisions on the
the information to be provided in some cases.
Other rights under this law
section 7 of this Act, there are provisions on other rights for the
individual in Chapter 3. section 8, Chapter 4. section 4, Chapter 6. section 2 and 7. 2 and
3 §§.
Chapter 9. Disposal and return of the medical records
Conditions for disposal
§ 1 if probable cause can be assumed that medical records
within individual health care will not be managed
under this Act, or in accordance with the rules given in
connection to the law, the Inspectorate for health and social care
decide that the patient should be taken care of.
Inspectorate for health and long-term care may also decide if
disposal of patient records in the individual health
health care, if
1. the person responsible for the management of journals applying for
it, and
2. There is a tangible need for journals to be
care. Law (2012:954).
Prerequisites for the return
2 § taken care patient record to be returned, if it is
possible and there are no reasons for disposal under the
§ 1. Decision in the matter of the return issued by the inspection
for health and social care at the request of the person in order for
the disposal was responsible for the management of the journal.
Law (2012:954).
The responsibility for care journals
section 3 of the medical records seized under section shall
be kept separated in the archives authority of the county or,
in the case of a municipality that is not part of any County, municipality,
where the records are located. Inspectorate for health and social care, in
any decision on taking into care set with which the archives authority
the records must be kept. Law (2012:954).
Conservation of cared for journals
4 § cared for journal documents should be retained for at least ten years
from the time they come in to the archives authority.
Enforcement of decisions on the disposal
paragraph 5 of the decision on the disposal of patient records may
be enforced even if it does not become final, unless something
otherwise provided for in the decision.
The police authorities shall provide the necessary assistance to
execution of a decision on the disposal of patient records.
10 Cape. Indemnity and appeal
Damages
§ 1 Provisions for damages in section 48 of the personal data Act
(1998:204) applies when such processing of personal data
under this Act which are wholly or partly automated or
where the data form part of a filing system or are intended to form part of a
structured set of personal data which is available for
searching or compilation according to specific criteria.
Appeal
section 2 of the Inspectorate for health and social care decision to reject an
application for destruction of a medical records in accordance with Chapter 8. 4 §
the first paragraph, and in the case of disposal or
the return of the medical records in accordance with Chapter 9. 1 and 2 sections,
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
In the matter of the appeal of the Inspectorate for health and social care
decision in accordance with Chapter 8. 2 paragraph apply, mutatis
parts of Chapter 6. 7-11 § § publicity and secrecy
(2009:400).
When such processing of personal data referred to in Chapter 1. 4 §
There are additional provisions on appeals in §§ 51-53
personal data Act (1998:204).
Other decisions under this law may not be appealed.
Law (2012:954).
Transitional provisions
2008:355
1. this law shall enter into force on 1 July 2008, when
Medical Records Act (1985:562) and Act (1998:544) if
registers shall be repealed.
2. the provisions of Chapter 7. shall not take effect until the
July 1, 2009 in respect of national and regional
quality records that started to be brought before this law
date of entry into force.
3. the provisions of Chapter 7. paragraphs 2 and 3 shall not apply to
personal data processed in the national and regional
quality register before 1 July 2009.
2012:954
1. this law shall enter into force on 1 June 2013.
2. for the purposes of the administrative judicial procedure Act, section 7 a
(1971:291), the Inspectorate for health care be the
individual counterparty.
