O direito à informação e o dever de informar em contextos de saúde | 2012

Author(s) Miriam Vieira da Rocha Frutuoso
Advisor(s) Maria Clara Calheiros
Year 2012

Synopsis Health information is a subject that has been studied by the law theory, especially in its relation with informed consent. The present study, without neglecting this important role of information, stresses the importance of health information in other contexts. Thus, the first step is to give a wider picture of the right to information starting point: the right to health. Then the legal basis of that right is analyzed as well as the content and the scope of the information due not only to the patient, but also to third parties (including legal representatives and informal caregivers) and health professionals who are involved in the therapeutic process. Finally, an approach is made to the legal issues that are most relevant to the concretization of the right to health information: the processing of health data (such as collection, storage, consultation and disclosure) and the liability for the violation of information duties, concerning the various participants in the therapeutic process. It is concluded that the right to health information is present in several field of law science and that it is necessary an integration of each of these perspectives to achieve a proper intuition of the right to heath information. It became clear that there is still room for research regarding information transmission to third parties and the use of recent information and communication technologies in the processing of health data.

See more here.