QUIZ

• Informed consent


  An agreement by a client to accept a course of treatment or a procedure after being provided complete information by a health care provider
• Purpose of informed consent


  • To have a mutual decision-making between the professional and the patient when it comes to the treatment options that the patient would want/not want
• Need to have a record of the informed consent
• Patient can sign the informed consent


  As long as the patient is able, capable, with sound mind, competent enough to understand, and of legal age
• Informed permission


  The next kin or legal guardian will sign the consent for minors
• Emancipated minors


  • Married minors
  • Serving in the military
  • Financially independent
  • Mothers
• Exceptions in informed consent

  • Patient is incapacitated
  • Life-threatening emergencies with inadequate time to obtain consent
  • Voluntary waived consent
• Types of informed consent


  • Express (needs to be expressed orally or written)
  • Implied (non-verbal cues that indicate agreement)
• Major elements of informed consent

  • Must be given voluntarily (no coercion)
  • Must be given by an individual with the capacity and competence to understand (unless it is a life-threatening situation)
  • Individual must be given enough information to be the ultimate decision-maker
• Cultural considerations in informed consent

  In the US, they value the principle of autonomy. In Southeast Asian countries, they rely on group discussions before arriving at decisions.
• Patient bill of rights

  • Right to appropriate medical care and humane treatment
  • Right to informed consent
  • Right to privacy and confidentiality
  • Right to information
  • Right to choose health care provider and facility
  • Right to self-determination
  • Right to religious belief
  • Right to medical records
  • Right to leave
  • Right to refuse participation in medical research
  • Right to correspondence and to receive visitors
  • Right to express grievances
  • Right to be informed of rights and obligations as a patient
• Data Privacy Act of 2012 (DPA)


  Aims to protect personal data in information and communications systems in the government and the private sector
• Purpose of DPA


  • Protect the fundamental human right of privacy of communication while ensuring the free flow of information to promote innovation and growth
  • Ensure entities or organizations processing personal data establish policies and implement measures and procedures that guarantee the safety and security of personal data under their control or custody, thereby upholding an individual's data privacy rights
• Breach


  A security incident that leads to unlawful or unauthorized processing of personal, sensitive or privileged information
• Consent of the data subject


  Any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive or privileged information. Evidenced by written, electronic or recorded means or given on behalf of a data subject by a lawful representative, or an agent specifically authorized by the data subject to do so.
• Data subject


  Individuals whose personal, sensitive, or privileged information is processed
• Information and Communications System


  A system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents
• Personal data


  Personal information, sensitive information or privileged information
• Personal information


  Any information whether recorded in a material form or not
• Privileged information


  All forms of data which under the Rules of Court and other pertinent laws constitute privileged communication
• National Privacy Commission


  An independent body mandated to administer and implement the Data Privacy Act of 2012, and to monitor and ensure compliance of the country with international standards set for data protection
• Functions of National Privacy Commission

  • Rule Making
  • Advisory
  • Public Education
  • Compliance and Monitoring
  • Complaints and Investigation
  • Enforcements
• Data privacy principles


  • Transparency
  • Legitimate purpose
  • Proportionality
• Rights of data subject

  • Right to be informed
  • Right to object
  • Right to Access
  • Right to correct
  • Right to Rectification, Erasure or Blocking
  • Right to damages
• Penalties for unauthorized processing of personal information

  Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
• Penalties for unauthorized processing of sensitive personal information


  Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Four million pesos (Php4,000,000.00)