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Right to Privacy| SPAIN
| GENERAL OVERVIEW | BIOMEDICINE CONVENTION | EU MEMBER STATES | TYPES OF PATIENT RIGHTS LEGISLATION |
| 1. The obligation to respect medical secrecy is both laid down the Spanish Criminal Code and in the Patient Rights Law. All persons have the right for the confidential nature of the data regarding their health to be respected. No one may access that data without prior authorization pursuant to the law. 2. The Spanish Constitution guarantees the right to personal and family privacy of Spanish citizens. It states “the law shall restrict the use of data processing in order to protect the honor and the personal and family privacy of citizens, as well as the full exercise of their rights”. This provision was further elaborated by the Organic Law 15/1999 on the Protection of Personal Data. The Patient Rights Law does not provide for the right to privacy or the right to the protection of the private life as a patient. 3. The processing of personal data is regulated by the Organic Law 15/1999 on the Protection of Personal Data. The data subject has the right to request and obtain free of charge information on his processed personal data, on the origin of such data and on their communication or intended communication. Personal data has to be erased when it has ceased to be necessary or relevant for the purpose for which it was obtained or recorded. If the personal data recorded prove to be inaccurate or incomplete, it shall be erased and officially replaced by the corresponding rectified or supplemented data. |