Medical Records and Personal Health Information Protection in the Legal System

Abstract

The purpose of this study was to analyze the concept of the theory of legal provisions concerning the protection of personal health information in the medical records, either in paper or electronic format through a programmable system; and to study the issues concerning the application of current legislation on the protection of the right to privacy of personal health information; as well as to suggest ways to improve measures on the protection of the right to privacy in relation to personal health information in accordance with the National Health Act 2007. This study also compared practical facts with legal provisions to see if they were appropriate and to certify whether the protection of their rights was arising from the enforcement of the current legal measures on protection of personal health information in Thailand. The study found that there were several data protection laws in Thailand, but they were of a general nature of protection and not intended to protect specific data subjects which was a fundamental right under the Constitution of the Kingdom of Thailand B.E. 2560 (2017). However, protection of patients’ confidentiality had been set as a priciple of medical and public health personnel and considered as a professional ethics of which the code of conduct appears in the Patient’s Rights Declaration. The practitioners should not disclose the confidentiality of the patient that they had learned from the practice; and in the law there was a protection clause concerning the prohibition to disclose patient information unless consent was obtained from the patient who owns the data or required by law for the public interest. Therefore, patient confidentiality is a statutory duty of a practitioner to uphold. It is important to understand the principles of consent and the exclusions to be able to practice properly in accordance with professional ethics and apply the concepts according to the legal framework to consider and adapt to problems that arise during the performance of duties with patients; and find solutions to problems with ethical reasons that are stronger than the legal grounds.