Personal data protection and the handling of medical records

Access for healthcare professionals

Healthcare professionals involved in the treatment of a patient who need to keep his/her medical records for the treatment shall have access to the medical records of the person concerned with certain legal restrictions.

The health records administrator may authorize other employees and students in health sciences training courses who have undergone similar obligations of confidentiality and professional secrecy as health professionals and who are involved in the treatment of the patient concerned, access to his/her medical records in so far as is necessary for their work in his/her interests.

Access to particularly sensitive medical records, i.e. medical records that the patient himself considers that should be classified as such, should be restricted to healthcare professionals who need the information for his treatment.

Access to particularly sensitive medical records information should be limited to healthcare professionals working within the unit or department of the healthcare institution or the healthcare professional's workplace where treatment is provided.

Access to particularly sensitive medical records is prohibited for other healthcare professionals, except with the consent of the patient in question.

The abovementioned access restrictions may be derogated if it is considered necessary for the safety of healthcare professionals.

Patient access

The patient or his representative shall have the right to access the full or partial medical record of the patient concerned and to obtain a copy of it if requested. The request shall be addressed to the health record administrator.

In the case of medical records that are retained by others than the patient or healthcare professionals, the consent of the person who provided the information must be sought before it is shown to the patient in question.

If the person who has thus provided information about the patient in question is deceased or disappeared or unjustifiably refuses to give his consent, the Director of Health may decide that the patient or his agent should be granted access to the information in question, in whole or in part.

If a patient or his/her representative is refused access to the medical record, such a decision can be made by the Directorate of Health.

Access by others

The health record holder may grant close family members of the deceased access to his/her medical record upon request.

When assessing whether access to the deceased's medical record should be granted, consideration shall be given to the interests of the relative who requests such access and the will of the deceased, if information is available about him. If the health record administrator refuses access or a copy of the deceased's medical record, the health record holder shall give instructions on the right to refuse access under the office of the Directorate of Health.

Health authorities, which are legally entitled to consider a patient complaint or complaint or their agent regarding the patient's treatment, have the right to access the patient's medical records in the same manner as the patient himself.

Access to medical records for scientific research is granted under the Act on Scientific Research in the Health Sector.

The patient or his agent may prohibit the retention of his/her medical records in a personal identifiable set of health information for use in scientific research and this information shall be recorded in his/her medical records.