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Medical jurisprudence > Data privacy act > Flashcards

Data privacy act Flashcards

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USMLE® Step 1 flashcards
1
Q

An Act Protecting Individual Personal Information in

Information and Communications Systems in the Government and the Private Sector

A

Data Privacy Act of 2012

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2
Q

When was the Data Privacy Act of 2012 enacted

A

Aug 15 2012

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3
Q

Supports the right of persons to life, liberty and

property

A

Right to privacy

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4
Q

Under the Bill of rights include these four:

A
  1. Due process
  2. Self incrimination
  3. Freedom of speech
  4. Freedom of religion
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5
Q

Individuals ability to control the flow of information

concerning or describing him

A

Right to information privacy

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6
Q

Right to Privacy must be overbalanced by _____

A

legitimate public concerns

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7
Q

_____ of information on the part of the patient is a prerequisite to quality care and better health outcomes.

A

Full disclosure

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8
Q

Implicit in the “Declaration of Policy” of the DPA is

the recognition that: (2 of them)

A
  1. Law protects privacy

2. Free flow of information

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9
Q

____ should not an obstacle for people to

obtain benefits from utilization of personal data

A

Data protection

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10
Q

Use of personal data comes with a responsibility. The
_____ subjects should, at all times, be a
paramount consideration.

A

rights of data

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11
Q

Any information from which the identity of an

individual is apparent

A

personal data

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12
Q

Data containing Race, ethic origin, marital staturs, certificates issued by government agencies, education etc.

A

Sensitive personal information

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13
Q

Processing of data can be done via: ( 2 of them)

A
  1. automatically

2. Manually

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14
Q

Who Process Personal Data

A

Personal information controller (PIC)

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15
Q

the one who controls the processing of personal data, the one who decides

A

The individual, corporation or other sectors

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16
Q

They are the ones that will be held liable in circumstances when Data Privacy Act is violated

A

Personal information controller (PIC)

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17
Q

PIC is usually the head of the agency/ company.
Not the employees, not the data protection
officer, NOT the _____

A

Chief information officer

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18
Q

Individual, corporation, or other body who
processes the personal data for a Personal
Information Controller (outsource. Ex: EMR
Provider)

A

Personal Information Processor

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19
Q

Transparent data must be aware of : (2)

A
  1. Nature

2. Purpose

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20
Q

4 Extent of the processing of his/her personal data

A
  1. Risk and safety
  2. Identify PIC
  3. Rights as data subject
  4. How these rights are exercised
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21
Q

The processing of information shall be with a declared

and specified purpose which must not be contrary to law, morals, or public policy

A

LEGITIMATE PURPOSE

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22
Q

Proportionality must be these 4

A

→ Adequate
→ Relevant
→ Suitable
→ Necessary

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23
Q

Any freely given, specified, informed indication of
will, whereby the data subject agree to the collection and processing of personal information
about and/or relating to him or her

A

Consent

24
Q

requires that processing of personal data shall be compatible with a declared and specified purpose.

A

Adhering to the priciple of legitimate purpose

25
Q

should be reflected on the

consent form

A

Data Privacy Principles

26
Q

Under the privacy information law, data consent should be in

A

written consent

27
Q

Cases in which consent is not required are as follows:

A
  1. Private facts of person
  2. Financial nature
  3. Research or journals
28
Q

Info necessary for banks and Financial Institution to

comply with provisions of the ____

A

Anti-monetary laundering act

29
Q

Section where PERSONAL INFORMATION, NOT SENSITIVE

OR PRIVILEGED

A

sect. 12

30
Q

Under this section the processing is necessary to protect vitally important interests of the data subject, including his or her life and health.

A

sect. 12

31
Q

Section where SENSITIVE PERSONAL INFORMATION AND PRIVILEGED INFORMATION

A

Sect. 13

32
Q

Section stating that the processing is provided for by existing laws and regulations, where personal data protection is guaranteed, and consent is required

A

Sect. 13

33
Q

Data sharing is allowed provided that: 3

A
  1. Safeguards
  2. Follow prinicple of transparency
  3. In agreement to the rules issued by the commission
34
Q

Indicate what are the data to be shared, who can access,

how they will destroy, etc

A

DATA SHARING AGREEMENT

35
Q

Data sharing agreement is subject to be reviewed via ____ or upon complaint of the data subject

A

motu proporio

36
Q

Inform the patient about everything

A

Right to information

37
Q

Object to the procurement of their data and object

to any violation of their rights

A

Right to object

38
Q

Patients can have access to their data but they are

not allowed to have a copy of their record

A

Right to access

39
Q

Any inaccurate information

A

Right to correct

40
Q

When somebody is prejudiced because of data
breach, they can file a complaint. The court may
award damages.

A

Right to damages

41
Q

If you have an old record from another hospital, you
can tell your physician about it and they can request
and use your old records from that hospital

A

Right to data portability

42
Q

what to do when: adhering to dat Privacy rpinciples, from collection of personal data

A

Review and develop protection procedures

43
Q

what to do when: Uphold the Rights of Data Subject, Including Privacy
Notices

A

PIC should implement
changes in policy and
systems

44
Q

what to do when: Obtain MEANINGFUL CONSENT for processing of personal data

A

Review existing contracts,

consent forms, and notices

45
Q

what to do when: Enter into DATA SHARING AGREEMENTS

A

Know if data sharing is being done beofre agreeing

46
Q

shall aim to maintain the

confidentiality, integrity, and availability of personal data

A

Security measures

47
Q

This is not simply a means to demonstrate compliance

with one of the legal requirements

A

DESIGNATING A DATA PROTECTION OFFICER

48
Q

should be empowered to
perform functions so as to assure that an organization
takes data privacy and security seriously

A

Data protection officer

49
Q

must have top management support to allow for

meaningful changes in the organization

A

Data protection officer

50
Q

process to evaluate
and manage privacy impacts in an organization’s
programs, process, activities, systems, and operation

A

Privacy impact assessment (PIA)

51
Q

This should proceed from an understanding of the

processing systems within an organization.

A

Privacy management program (PMP)

52
Q

This should take into account PIA and legal obligations and requirements. It includes privacy notices and privacy policies

A

Privacy management program (PMP)

53
Q

Non-disclosure agreements, training and capacity

building are involved

A

MANAGEMENT OF HUMAN RESOURCES

54
Q

These measures include design of office space and
workstations, including the physical arrangement of
furniture and equipment, shall provide privacy to
anyone processing personal data

A

Physical sercurity measures

55
Q

These measures are subject to guidelines are the commission may
issue from time to time.

A

Techinal security measures

56
Q

Report to the National Privacy Commission within __ hours from knowledge of breach based on info available

A

72

57
Q

Follow up report on the data breach is submitted within

A

5 days from knowledge

Medical jurisprudence (14 decks)

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