He Mexican Social Security Institute (IMSS), must deliver to an applicant the medical records full of his deceased relative, instructed by unanimous vote the Plenary of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).
Commissioner Norma Julieta del Río Venegas, rapporteur on the case, pointed out that the Inai can help people to obtain personal data from their clinical record, because this document constitutes evidence of the medical care for diagnosis, prognosis and treatment that they receive.
In this case, the applicant requested on two occasions a simple copy of the medical record of his deceased father and in response the IMSS He told him that the information was available, but both times he gave it incomplete; The first time, he was given 22 pages and the second, only 20. Faced with this, he disagreed and filed an appeal for review with the INAI.
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“It is important to widely disseminate that the content of the clinical record constitutes sensitive personal data, therefore, the person or institution that provides the care must protect this data with great care and be clear that the patient is the owner or owner of their data and You have the right to a copy ”, the commissioner of the River.
The IMSS, in its allegations, said that it had carried out a new search in the physical and electronic files that the Administrative Operation Body known as South Delegation has, reporting the existence of 25 pages relating to the requested clinical file, which includes the death certificate as well as laboratory studies.
Del Río Venegas, explained that, “although the search for the requested information was extended to some of the health information and analysis systems that the offices of the Head of Medical Benefits have within the state and regional delegations of the IMSS , this is still not carried out specifically in the General Hospital of Zone number 47, the medical care unit where the person was hospitalized ”.
It added that since there is no agreement between the amount of information provided to the requesting person, as well as the fact that the IMSS did not consult all the areas suitable to pronounce on the personal data requested, there is no certainty that the search was carried out with broad criteria.
For this reason, he requested the vote of the Plenary of the INAI to instruct the IMSS to modify the answer and carry out a new search in the competent administrative units, as well as the Head of Medical Services Services of the South Delegation in Mexico City and in the General Hospital of Zone number 47.