IS LAW ALWAYS RIGHT? Some comments on the right of an insight into the medical record of the deceased relative by a close relative
Abstract
Background. Personal data protection is a very delicate field which is regulated by the actual law to losely. In some of its provisions it is in contradiction with one of the most fundamental ethical principles, namely the confidentiality in medicine in general and particularly in psychiatry.
Conclusions. In this article we discuss a closed case between a psychiatric clinic and an individual and pose some of the ethical and legal dilemmas that emerged from the judgement of the Supreme Court of the Republic of Slovenia
Downloads
References
Zakon o varstvu osebnih podatkov. Ur. l. RS, št. 59/99, 57/2001, 59/2001.
Zakon o zdravstveni dejavnosti, Ur. l. RS, št. 9/92, 26/92, 37/95, 8/96, 90/99, 31/2000, 45/2001.
Šelih A. Razhajanja med poklicnoetičnimi in pravnimi normami. Zdrav Vestn 2001; 70: 463–4.
Bloch S, Pargitter R. Codes of ethics in psychiatry. In: Bloch S, Chodoff P, Green SA eds. Psychiatric ethics. 3rd ed. New York: Oxford University Press, 1999: 81–105.
Ustava Republike Slovenije. Ur. l. RS/I, št. 33/91.
The Author transfers to the Publisher (Zdravniški vestnik/Slovenian Medical Journal) all economic copyrights following form Article 22 of the Slovene Copyright and Related Rights Act (ZASP), including the right of reproduction, the right of distribution, the rental right, the right of public performance, the right of public transmission, the right of public communication by means of phonograms and videograms, the right of public presentation, the right of broadcasting, the right of rebroadcasting, the right of secondary broadcasting, the right of communication to the public, the right of transformation, the right of audiovisual adaptation and all other rights of the author according to ZASP.
The aforementioned rights are transferred non-exclusively, for an unlimited number of editions, for the term of the statutory
The Author can make use of his work himself or transfer subjective rights to others only after 3 months from date of first publishing in the journal Zdravniški vestnik/Slovenian Medical Journal.
The Publisher (Zdravniški vestnik/Slovenian Medical Journal) has the right to transfer the rights, acquired parties without explicit consent of the Author.
The Author consents that the Article be published under the Creative Commons BY-NC 4.0 (attribution-non-commercial) or comparable licence.
