Patient Data Law (2008:355)

Original Language Title: Patientdatalag (2008:355)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:355

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as well as the repealed Act (1944:133) if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.