Protecting Patient Privacy and Data in Healthcare: Philippine Government Guidelines

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Protecting Patient Privacy and Data in Healthcare: Philippine Government Guidelines
PATIENT PRIVACYDATA PROTECTIONHEALTHCARE
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This article outlines the key government guidelines in the Philippines aimed at safeguarding patient privacy and data security within the healthcare system. It covers the ethical obligations of healthcare providers, legal frameworks like the Data Privacy Act (DPA), and specific procedures for obtaining informed consent. The article also emphasizes the importance of limiting data access, preventing unauthorized disclosures, and adhering to social media guidelines to protect sensitive patient information.

Seeking healthcare involves disclosing a significant amount of personal information, much of which is sensitive. To safeguard patient privacy and data, healthcare providers in the Philippines are bound by several government guidelines. The Code of Ethics of the Medical Profession mandates the utmost confidentiality regarding patient information, except when required by law for the promotion of justice, safety, or public health.

This ethical obligation extends beyond physicians to all healthcare providers.Government laws and regulations, such as the Data Privacy Act (DPA) of 2012 (Republic Act 10173), explicitly protect patient data and privacy rights. The DPA outlines the rights of individuals concerning their data and the responsibilities of entities handling, processing, storing, or transmitting personal information. The Department of Health (DOH) recognizes the sensitive nature of healthcare data and issued the Data Privacy Guidelines on the Processing of Health Information to ensure compliance with the DPA. These guidelines aim to protect individual privacy while enabling efficient healthcare information exchange through initiatives like the Philippine Health Information Exchange (PHIE).Before collecting and processing personal information, healthcare providers are required to obtain valid, informed consent from patients. This consent must be documented in writing, recorded, or electronically transmitted and adhere to specific criteria outlined by the DOH's Health Privacy Committee (HPC). The patient must be of sound mind, at least 18 years old, and not under the influence of drugs or alcohol. They must also be provided with comprehensive information about the procedure or treatment, including its benefits, risks, and potential complications. Consent must be freely given without coercion or intimidation, and patients have the right to withdraw their consent at any time without repercussions.In cases where a patient lacks capacity to consent (e.g., minors, incapacitated individuals), authorized representatives, such as cohabitant partners for at least one year, parents, legal guardians, or individuals with special power of attorney, can provide consent on their behalf. However, certain exceptions exist for processing data without explicit consent, such as when a patient's life or health is at risk and they are unable to provide consent. The HPC emphasizes that access to patient health information is strictly limited to healthcare providers attending to the patient and authorized entities, provided prior consent is obtained. Furthermore, unauthorized posting of patient data on social media, including images, is prohibited and subject to penalties under the DPA. Healthcare professionals are reminded of their ethical obligations to protect patient privacy and avoid disseminating sensitive information online.The HPC defines a data breach as any unauthorized or impermissible acquisition, access, use, or disclosure of information, encompassing both patient and institutional data.

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PATIENT PRIVACY DATA PROTECTION HEALTHCARE DATA PRIVACY ACT PHILIPPINE GOVERNMENT INFORMED CONSENT HEALTH INFORMATION EXCHANGE

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