APDCAT and the GAIP publish the interpretative criteria on people's access to the traceability of their medical history

On 30 July 2024, the Catalan Data Protection Authority (APDCAT) and the Commission for the Guarantee of the Right of Access to Public Information (GAIP) published the interpretation criteria for the application of regulatory standards and processing people’s claims on accessing the traceability of their medical history.

As summarised by the Office of the Health Data Protection Delegate in its latest informative pill, regarding the interpretative criteria used in relation to people’s access to the traceability of their medical history, the joint statement considers:

• Preferable application of the data protection regulations, contained in the General Data Protection Regulation.
• The regulations governing patient autonomy, Law 41/2002 of 14 November, the basic regulatory instrument on patient autonomy and rights and obligations in the field of clinical information and documentation, and Catalan Law 21/2000 of 29 December, on the rights of information concerning the patient’s health and autonomy and clinical documentation, and the rest of the applicable health regulations constitute the special regime on the matter.
• Law 19/2014 of 29 December, on transparency, access to public information and good governance (LTAIPBG) is applied on a supplementary basis, in accordance with the second point of its first additional provision.

In accordance with above, the statement establishes that it is up to the APDCAT to resolve claims regarding people’s requests to access the traceability of their medical history.

The document also details the legal tenets on the supplementary application of transparency regulations and the preferential application of special data protection laws.

More information:

APDCAT and GAIP statement

DPD information pill