A question in regards of sharing medical notes to a family member - GDPR

Kalimocho

Hi,

Just wondering under what circumstances I can share medical notes to a family member from a patient.

What requests do I need to comply before doing so?

Thanks

miamee

You really should be asking your superior in whatever environment you work in, not the internet. I'd imagine you cannot share anything without the explicit consent of the patient but there may be exceptions to that.

Penn

Yeah it's kind of worrying that a) you don't know, b) you're asking us instead of your colleagues/bosses, and c) there isn't already a policy in place.

This relates to medical notes. There are a huge amount of variables and legalities involved in this. An internet forum is not the right place to be looking for this info.

Kalimocho

https://www.boards.ie/discussion/comment/123440831#Comment_123440831

Thanks for your feedback but you are assuming too much. There is a thread of "legal discussion" on this forum therefore means… legal things can be discussed.

Rmgblue

I read this as a query relating to someone else (doc) sharing a patients (OP) notes with their relative (another)?

Raichų

https://www.boards.ie/discussion/comment/123441047#Comment_123441047

not anymore, now this forum is:

“accuse new users of being trolls and do everything but discuss the question asked”

Flinty997

https://www.boards.ie/discussion/2058409754/a-question-in-regards-of-sharing-medical-notes-to-a-family-member-gdpr

I assume You can't unless you've got permission from the patient.

Family members might not be close or might be in dispute with each other.

You might even cause financial loss due example by disclosing information.

Lenar3556

It would be helpful if you outlined your own role in the scenario you describe, and also why the need exists to share the records with a third party?

But in general terms, it would be wise to maintain any personal information you possess confidential unless you have the explicit consent of the individual(s) concerned to disclose it.

odyssey06

A lot of good information here, including Power of Attorney access e.g.

If in doubt, the answer is no. Access is only provided in very limited circumstances.

How can I get my child’s records?

You will have to show that you are the parent or guardian of the child in question. The child’s consent may also be necessary even if the child is under the age of 18 if they have the capacity to consent. The record keeper must have regard as to whether the disclosure of the records is in the best interests of the child.

If there is a power of attorney, can my attorney access my medical records?

That depends on the nature of the power of attorney. If the power of attorney gives your attorney power to access and copy your medical records, then they will be disclosed to your attorney. The health professional concerned will likely ask for sight of the power of attorney. The same rules that would have applied to you re such disclosure, will apply to your attorney.

https://kearneylaw.ie/accessing-your-medical-records/

Peregrinus

https://www.boards.ie/discussion/2058409754/a-question-in-regards-of-sharing-medical-notes-to-a-family-member-gdpr

Who is "I" in this context? How come "I" has the medical notes in the first place? What does "I" have the medical notes for? And why is "I" considering sharing them with someone other than the patient?

Penn

https://www.boards.ie/discussion/comment/123441047#Comment_123441047

Yes but this isn't a simple GDPR request. You're talking about sharing medical notes to a family member of a patient. There are significant legalities and variables/caveats involved in that which need to be taken into consideration, which you have not outlined, and if you are in a position where you are dealing with this there should already be a framework in place that you're supposed to follow.

And also, while legal things can be "discussed", the wording of your post verges more towards seeking legal "advice", which is not permitted on Boards.

Cookie_Monster

I would assume that unless the family member has EPOA for the patient you cannot share medical information without express consent from the patient.

Flinty997

https://www.boards.ie/discussion/comment/123441047#Comment_123441047

It needs context. You haven't given any. Thus all answers might be flawed because of the lack of context.

As a general rule you can't share an adult person's record with anyone. Family is irrelevant.