Medical records: access by parents and minors
What is a Medical History?
If we define “medical history”, we will say that it is the set of data related to a patient’s health, including identification and contact data, to symptomatologies, medical assessments, treatments, evolution and any other information throughout the care process.
Medical history in terms of data protection
Well, if the medical record contains health data related to a patient, it is a fact that there is a treatment of personal data, which in this case, in addition, are considered by the standard as special category data, to which an extra protection must be applied by the one who treats them(data controller), due to the sensitivity that characterizes them.
sensitivity that characterizes them.
Access to medical records
In general terms, access to medical records is available to the medical professionals assisting the patient and to the patients themselves, but here we will look at access to medical records from two perspectives:
- Parent/guardian access to the child’s medical record
- Consent of the minor to access his/her medical records
We will now develop both situations:
Parent/guardian access to the child’s medical record
Regarding the access of parents and/or guardians to the minor’s medical records, this is perfectly valid according to the applicable regulations, i.e. the Civil Code and Law 41/2002, since, if the minor is not emancipated, the obligations derived from parental authority are those related to the proper care of feeding, education and comprehensive training, including health care.
In the event that the minor is emancipated, the parents/guardians must obtain the prior consent of the minor to access his/her medical records, since the protection of the minor and his/her right to privacy, like any other patient, is paramount.
Everyone has the right to respect the confidentiality of data concerning their health, and that no one can access them without prior authorization under Article 7.1 of Law 41/2022.
Consent of the minor to access his/her medical records
In this case, if the minor is not emancipated, the parents may access the medical records, even if they do not have the minor’s consent, because in this case, the minor’s well-being is paramount.
On the other hand, minors over 14 years of age or emancipated minors may access their medical records on their own, as well as have knowledge of the treatments or procedures to which their parents and/or guardians have given their consent, if applicable (consent by representation).
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