Policies Flashcards
Laws governing Nursing Informatics
- Intellectual Property Code / Copyright Law
- Electronic Commerce Act
- Anti-wiretapping Act
- Cyber Crime Act
- Data Privacy Act
- Patient’s Bill of Rights
Why do we need to study the
laws in the Philippines?
We are living (permanently) / sojourning (temporary) in the
Philippines. Our laws (the 1987 Constitution, our Penal Laws, our Bill of Rights, and all laws) specifically mentioned that we should be knowledgeable of the laws since this potentially impacts our day-to-day living
Earlier laws didn’t have a legal framework to criminalize computer related crimes.
ILOVEYOU Virus
the computer programmer accused of creating the
ILOVEYOU worm, was not prosecuted
by Philippine authorities because there
was no legal basis.
Onel de Guzman
1.) Anti-wiretapping Act (RA 4200)
2.) Intellectual Property Code (RA 8293)
3.) Electronic Commerce Act (RA 8792)
4.) Data Privacy Act (RA 10173)
5.) Cyber Crime Act (RA 10175)
1.) June 1965
2.) June 1997
3.) June 2000
4.) August 2012
5.) September 2012
Relevance to Nursing
The laws protect everyone’s personal and sensitive data
from unauthorized access, misuse, or breaches.
The laws created the basic frameworks not available to our
country and through its respective implementing rules and
regulations it ensured that every detail is covered.
Relevance to Nursing part 2
Protecting Patient Data
Confidentiality
Informed Consent
Data Security
Accountability and Compliance
Reporting and Documentation
any rule of action or norm of conduct
applicable to all kinds of action and to all objects of
creation.
LAWS
- Law is mainly made for implementing ______ in the
society.
Justice
a law, regulation, procedure,
administrative action, incentive, or
voluntary practice of governments and
other institutions.
Policy
frequently reflected in
resource allocations. Health can be
influenced by policies in many different
sectors
Policy decisions
outlines what a government is going to do
and what it can achieve for the society as a
whole.
what a government does not intend to do.
only documents and not law,
but these _______ can lead to new laws
Policy
designed to streamline certain
processes according to what the best practices
are.
by nature, should open to
interpretation and do not need to be followed to
the letter.
Guidelines
- It shall protect and secure the exclusive rights of scientists,
inventors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the people, for such period.
R.A 8293
The Intellectual Property Code of the Philippines
is divided into five [5] parts, namely:
I. The Intellectual Property Office
II. The Law on Patents
III. The Law on Trademarks, Service
Marks and Trade Names
IV. The Law on Copyright
V. Final Provisions
Several categories wherein a creator or
innovator can register their creation:
* Patent
* Trademark
* Copyright
Office of the Intellectual Property in the Philippines
the exclusive rights to a product or process, as well as its
improvements—granted that the product or process offers
something new and useful.
- the owner is given enough time to gain ample commercial
returns
Patent
a tool used to differentiate services
and goods from one another
- form of a word or a group of words; a sign, logo, or
symbol or a combination of those above
Trademark
refers to the protection given to the owner of an original
work covering literary works, musical pieces, paintings,
and computer programs, among others.
Copyright
1.) enable the creator to receive profit gains should his works be distributed by third parties.
2.) on the other hand, protect the connection between the creator and his work.
1.) Economic Rights
2.) Moral Rights
- AN ACT PROVIDING FOR THE RECOGNITION
AND USE OF ELECTRONIC COMMERCIAL AND
NON-COMMERCIAL TRANSACTIONS AND
DOCUMENTS, PENALTIES FOR UNLAWFUL USE
THEREOF AND FOR OTHER PURPOSES - signed into law last June 14, 2000
- this bill made the country a legitimate player
in the global marketplace
Republic Act 8792 (The E-Commerce Law)
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER
RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
AND FOR OTHER PURPOSES
With mobile technology, the average person can now record a
documentary, or even an explosive exposé, merely using one’s
mobile phone, with crystal clear picture and sound
If conversation was intended to be between you and that
person only (or between the two persons to the conversation
only), and without his or her (or both parties’) express consent,
you may be liable for wiretapping.
REPUBLIC ACT NO. 4200 (Anti Wire-Tapping Law [1965])
unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or
tape recorder
Sections 1 and 4 of the Anti-Wiretapping Act
- AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND
THE IMPOSITION OF PENALTIES THEREFOR AND FOR
OTHER PURPOSES - specifically criminalizes computer crime
- to address legal issues concerning online interactions
and the Internet in the Philippines.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
OFFENSES
- including illegal access (hacking),
- data interference
- device misuse,
- cybersquatting
- computer-related offenses such as computer fraud,
- content-related offenses such as cybersex and spam, and other
offenses.
comprehensive and
strict privacy legislation “to protect the
fundamental human right of privacy, of
communication while ensuring free flow of
information to promote innovation and growth.”
Data Privacy Act
- Republic Act 10173
- Full title – “AN ACT PROTECTING INDIVIDUAL PERSONAL
INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER
PURPOSES
Data Privacy Act of 2012
a body that is mandated to administer and implement this law.
* The functions of the NPC include:
- rule-making,
- advisory,
- public education,
- compliance and monitoring,
- investigations and complaints,
- and enforcement.
National Privacy Commission - Mandates
collection of personal data _________________________ and further
provides that consent is required prior to the
collection of all personal data.
Must be a declared, specified, and legitimate purpose
All processing of sensitive and personal
information is prohibited except:
- Consent of the data subject;
- Pursuant to law that does not require consent;
- Necessity to protect life and health of a person;
- Necessity for medical treatment;
- Necessity to protect the lawful rights of data subjects
in court proceedings, legal proceedings, or regulation.
Nurse’s Guidelines to avoid Data Breach
- Never breach a patient’s information (SPI)
- If you are unsure about disclosing a patient’s information, seek
guidance from the Hospital’s Data Protection Officer (DPO) - Know by heart your hospital’s Privacy Manual without fail.
The DPA applies to the processing of
all types of personal information and
to any natural and juridical person, in
the country and even abroad, subject to
certain qualifications.
SCOPE OF THE DPA
1.) IRR, Section 34.a
2.) IRR, Section 34.b
3.) IRR, Section 34.c
4.) IRR, Section 36
5.) IRR, Section 34.d
1.) Right to be informed
2.) Right to object
3.) Right to access
4.) Right to data portability
5.) Right to correct
1.) IRR, Section 34.a.2
2.) IRR, Section 34.f
3.) IRR, Section 34.e
4.) IRR, Section 35
1.) Right to file a complaint
2.) Right to damages
3.) Right to erasure or blocking
4.) Transmissibility of Rights
