Patient Health

In agreement the arranged thing in Law 31/1995, of 8 of November, Prevention of Labor Risks the industralist is forced to constitute a service of prevention with the purpose of to guarantee and to protect the health and integrity of its workers. For the accomplishment of this activity it will have to count or on an own service of prevention or to contract an other people’s service of prevention properly credited and that periodically realises the revisions of the state of health of the employees. Since the results of the medical examinations will comprise of a labor clinical file of the worker, its clinical history will also be put under Law 41/2002 of 14 of November, of professional Autonomy of the Patient who imposes llevanza of the same by the sanitary centers or that realises the sanitary activities in relation to the patient. In agreement the criterion of the Spanish Agency of Protection of Data, the fact that other people’s services of prevention accede to the data of health of the workers who appear in clinical histories a cession of data will be always considered realised by the industralist to these organizations, maintaining the same criterion even talking about of the own medical personnel but who within the framework does not perform functions of monitoring of health of the services of own prevention. Having in that we are before health data, Statutory law 15/1999, of 13 of December (LOPD) in his article 7,3 it demands that these are successfully obtained, tried and yielded when for reasons of general interest therefore arranges a Law to it or when it allows the affected one it specifically. Concerning prevention of labor risks, it is the Law 31/1995 that not only it authorizes but it forces the industralist to constitute services of prevention and if these were other people’s to communicate data of their workers to these organizations.