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Access to the medical history by health personnel that isn’t justified by the supplying of the adequate health care –hence being deemed as an unjustified access- is currently a prominent practical problem which hasn’t been solved despite the advance shown by medical history regulations in the last few years. At the same time, the new data protection regulation (GDPR and Spanish LOPDGDD) introduces a new model for the security of the data, emphasizing what is known as “accountability” by the controller of the data, which translates into data protection by design and by default. From this perspective, a series of preventive mechanisms to avoid unjustified access to a medical history is analysed and presented, assuming that the problem requires the joint application of at least several of these preventive tools.

Mecanismos de prevención del acceso indebido a la historia clínica por parte del personal sanitario y nueva legislación de protección de datos