Patient Data Privacy: It's Your Right

Access to electronic clinical records must be safe for patients, with relevant security measures. Regarding health professionals, these records must facilitate the correct monitoring of his or her patients regarding their condition and treatments.

The use of technology in health, or digital health, has been tested in France, which has a single electronic file, allowing traceability between public and private health systems, giving the patient the freedom to migrate to the different ecosystems and dispensing of medicines. In Mexico, it is vital to give the patient the certainty that their health information will be theirs. For this reason, it is of utmost importance as a first security measure to “read well and carefully” the privacy notices before entering any digital platform. If there is dissatisfaction or discomfort on the part of the patient, there are mechanisms such as the so-called ARCO (Access, Rectification, Cancellation and Opposition) to exercise your rights in relation to the processing of your personal data.

The Right of Access is the right of the owner of the personal data to access, request and obtain their personal data that is in the possession of third parties, and to know the information related to the conditions and generalities of their treatment. The Right to Rectification is the right of the owner of the personal data to request the rectification or correction of his or her personal data, when it is inaccurate, incomplete or out of date. The Right of Cancellation is the right of the owner of the personal data to request that his or her personal data be canceled and deleted from the files, records,  and systems, so that they are no longer in his or her possession and are no longer treated by state government institutions.

Finally, the Right to Opposition is the right of the owner of the personal data to oppose the non-carrying out or cessation of the processing of his or her personal data, as long as it causes any damage or harm to the same or when the personal data is subject to authorized processing, which produces unwanted legal effects or significantly affects your interests, rights or freedoms.

As you will see, this principle of safeguarding patients' private information represents a taboo  and is not necessarily being complied with 100 percent within the different health ecosystems in Mexico, unlike the example of France, indicated above. Let's see what happens in our country;: At the end of their treatment or hospitalization, a large number of patient citizens of our nation who are cared for by the official institutions IMSS or  ISSSTE do not receive information related to the current situation of their health (in the best case, they only receive a prescription) that allows the interested party to keep a file or compendium of the different consultations, diagnoses, and/or treatments received in this first, second or third level of contact care, except for the notes or questions that the patient makes individually. This consequently may result in variations or confusion in the understanding of the health status of each individual. In the private health system, something similar generally occurs, with the exception that this sector is increasingly moving or pushing toward complete patient freedom. Let us remember that the private sector has promoted the use of innovative technological tools that allow better adherence to the patient. treatment and monitoring of specific patient conditions.

The health information of patients and the patients themselves must be treated with complete privacy and freedom of choice, which today means respecting patient autonomy by health professionals and medical service providers. Where do patients in Mexico today stand in relation to their right to health, and to the right to privacy of their information? When it comes to unfair medical practices, these are questions that can be resolved through the Constitution, and institutions such as the INAI, and the CONAMED, the latter offering alternative mechanisms for the resolution of disputes between users and providers of medical services, promotes the provision of quality services, and contributes to patient safety. The patient is not alone. And it is up to the ethics and professionalism of all those involved to act with the respect that the patient deserves under the corresponding laws.

Finally, I consider that both the patient and the health professional must have a technological instrument (electronic file) that is agile, safe and easy to implement, keeping in mind the benefit to the patient's health. The public and private health systems in our country must facilitate the free will allowed by these technological tools to navigate from one ecosystem to another without restrictions.