Signed and Ratified
 Patient Rights in Spain
 Rights of Users of Genetic Services

Right to Informed Consent

Right to Information about his or her Health
Rights regarding the Medical File
Right to Privacy
Prohibition of Discrimination
Predictive Genetic Tests
Genetic Screening
Genetic Counselling
Quality Requirements

 

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According to article 50 of the Law on Biomedical Research the health professionals of the center or the establishment that stores the clinical history of the patient shall have access to the data recorded in it, in so far as it is relevant for the assistance that is being provided to the patient, notwithstanding their duties of secrecy and confidentiality.  Genetic data of a personal nature can only be used for epidemiological, public health, research or education purposes when the interested subject has expressly provided his consent or when this data has been previously anonimised. 

In exceptional cases and in cases of general health interest, the corresponding authority, after a favorable report by the authority on data protection, may authorize the use of codified genetic data, assuring that third parties may not be able to associate the examined person.

According to article 51 the health professionals who have access to genetic data in the exercise of their functions have a permanent duty of secrecy.  The disclosure of personal genetic data to third parties is only permitted with the express written consent of the examined person.   Conservation of the data

In accordance with article 52 of the Law personal genetic data have to be kept during a period of no less than five years from the day that they were obtained, after which the interested party may solicit its cancellation.  If there is no such a request by the interested party, the data shall be kept during the time that it may be necessary in order to preserve the health of the person from which it was obtained or of other persons related to him.  Beside these events, data may only be kept for research purposes, in an anonimised manner, without there being the possibility to identify the examined person.

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