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compliance_incident_reporting_response [2016/07/06 15:05] jillian_nadette_de_leon |
compliance_incident_reporting_response [2016/07/06 17:25] jillian_nadette_de_leon |
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| The Health Privacy Board does not have quasi-judicial powers or the power to impose penalties. Parties who voluntarily submit their complaints or issues for resolution may be assisted in clarifying the issues subject of the complaint, and in reaching an amicable settlement. To ensure compliance with the Resolution of the Board, both parties must submit an undertaking under oath or embodies in an affidavit that the parties agree to be bound by the Resolution of the Board. | The Health Privacy Board does not have quasi-judicial powers or the power to impose penalties. Parties who voluntarily submit their complaints or issues for resolution may be assisted in clarifying the issues subject of the complaint, and in reaching an amicable settlement. To ensure compliance with the Resolution of the Board, both parties must submit an undertaking under oath or embodies in an affidavit that the parties agree to be bound by the Resolution of the Board. | ||
| - | The National Health privacy Board does not have subpoena powers or powers of contempt. It relies on the documents and evidence voluntarily submitted by the parties. | + | The Health Privacy Board does not have subpoena powers or powers of contempt. It relies on the documents and evidence voluntarily submitted by the parties. |
| The investigations conducted by the Board shall be fact-finding and summary in nature, without prejudice, however, to the due process of law, and recourse to the National Privacy Commission or proper courts, when necessary. | The investigations conducted by the Board shall be fact-finding and summary in nature, without prejudice, however, to the due process of law, and recourse to the National Privacy Commission or proper courts, when necessary. | ||
| - | The National Health Privacy Board may be able to assist the parties in clarifying privacy related complaints in health facilities due to the fact that they have a deeper understanding and better perspective of privacy issues concerning personal and sensitive health information. The Resolution of the National Health Privacy Board may also serve as support document of cases filed before the National Privacy Commission, or regular courts. | + | The Health Privacy Board may be able to assist the parties in clarifying privacy related complaints in health facilities due to the fact that they have a deeper understanding and better perspective of privacy issues concerning personal and sensitive health information. The Resolution of the Health Privacy Board may also serve as support document of cases filed before the National Privacy Commission, or regular courts. |
| B. Procedure for Complaint and Investigation | B. Procedure for Complaint and Investigation | ||
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| 1. Full names and complete addresses of the complainant and the respondent; | 1. Full names and complete addresses of the complainant and the respondent; | ||
| - | 2. A brief narration of the material facts which show a violation of the privacy guidelines or related issuances, or the acts or omissions allegedly committed by the respondent amounting to a privacy concern. | + | 2. A brief narration of the material facts which show a violation of the privacy guidelines or related issuance, or the acts or omissions allegedly committed by the respondent amounting to a privacy concern. |
| 3. If the complaint contains personal and sensitive information involving third parties, which information will be disclosed to the Board, the complainant shall include proof that consent of said parties have been obtained with regard to the use, access and disclosure of said personal or sensitive information for purposes of resolving or adjudicating the complaint, before appropriate bodies. | 3. If the complaint contains personal and sensitive information involving third parties, which information will be disclosed to the Board, the complainant shall include proof that consent of said parties have been obtained with regard to the use, access and disclosure of said personal or sensitive information for purposes of resolving or adjudicating the complaint, before appropriate bodies. | ||
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| 5. Certified true copies of documentary evidence, and the affidavit/s of witness/es if any. | 5. Certified true copies of documentary evidence, and the affidavit/s of witness/es if any. | ||
| - | 6. A undertaking of the complainant, or in case of juridical person by a duly authorized representative, under oath or embodied in an affidavit, to the effect that the complainant agrees to abide by the final resolution of the National Health Privacy Board, without prejudice to other legal remedies. | + | 6. A undertaking of the complainant, or in case of juridical person by a duly authorized representative, under oath or embodied in an affidavit, to the effect that the complainant agrees to abide by the final resolution of the Health Privacy Board, without prejudice to other legal remedies. |
| Sec. 4. Number of Copies. - The complaint, together with the documentary evidence and affidavit/s of witness/es, if any, shall be filed in such number as there are respondents, plus two (2) copies for the file. The affidavit/s required to be submitted shall state facts only of direct personal knowledge to the affiant and shall show the competence of the affiant to testify to the matters stated therein. A violation of the foregoing requirement shall be a ground for expunging the affidavit or portion thereof from the record. | Sec. 4. Number of Copies. - The complaint, together with the documentary evidence and affidavit/s of witness/es, if any, shall be filed in such number as there are respondents, plus two (2) copies for the file. The affidavit/s required to be submitted shall state facts only of direct personal knowledge to the affiant and shall show the competence of the affiant to testify to the matters stated therein. A violation of the foregoing requirement shall be a ground for expunging the affidavit or portion thereof from the record. | ||
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| Sec. 5. Where to File a Complaint. - A complaint may be filed at the office of the Health Privacy Board. | Sec. 5. Where to File a Complaint. - A complaint may be filed at the office of the Health Privacy Board. | ||
| - | Sec. 6. Evaluation of Complaint. The Board shall evaluate the allegations of the complaint (1) to determine whether it involves a violation of the Privacy Guidelines or issues involving privacy of health information and (2) if based on its allegations, there is reason to believe that there is a violation of the Privacy Guidelines or related issuances. If both conditions are not satisfied, the complaint shall be dismissed. | + | Sec. 6. Evaluation of Complaint. The Board shall evaluate the allegations of the complaint (1) to determine whether it involves a violation of the Privacy Guidelines or issues involving privacy of health information and (2) if based on its allegations, there is reason to believe that there is a violation of the Privacy Guidelines or related issuance. If both conditions are not satisfied, the complaint shall be dismissed. |
| Sec. 7. Issuance of Requests to Appear. | Sec. 7. Issuance of Requests to Appear. | ||
| 1. On the basis of the complaint, if there is reason to believe that there is a violation of the Privacy Guidelines, the Board shall request, in writing, the respondent to appear before it, furnishing the said respondent a copy of the complaint, and requiring the submission of a counter-affidavit within ten days from receiving the said request. | 1. On the basis of the complaint, if there is reason to believe that there is a violation of the Privacy Guidelines, the Board shall request, in writing, the respondent to appear before it, furnishing the said respondent a copy of the complaint, and requiring the submission of a counter-affidavit within ten days from receiving the said request. | ||
| 2. If the counter-affidavit contains personal and sensitive information involving third parties, which information will be disclosed to the Board, the respondent shall include proof that consent of said parties have been obtained with regard to the use, access and disclosure of said personal or sensitive information for purposes of resolving or adjudicating the complaint, before appropriate bodies. | 2. If the counter-affidavit contains personal and sensitive information involving third parties, which information will be disclosed to the Board, the respondent shall include proof that consent of said parties have been obtained with regard to the use, access and disclosure of said personal or sensitive information for purposes of resolving or adjudicating the complaint, before appropriate bodies. | ||
| - | 3. If the respondent appears before the Board, the respondent, or in case of juridical person by a duly authorized representative, shall be asked to sign an undertaking, under oath or embodied in an affidavit, to the effect that the respondent agrees to abide by the final resolution of the National Health Privacy Board, without prejudice to other legal remedies. | + | 3. If the respondent appears before the Board, the respondent, or in case of juridical person by a duly authorized representative, shall be asked to sign an undertaking, under oath or embodied in an affidavit, to the effect that the respondent agrees to abide by the final resolution of the Health Privacy Board, without prejudice to other legal remedies. |
| Sec. 8. Procedure if the Respondent appears. | Sec. 8. Procedure if the Respondent appears. | ||
| - | 1. The Board shall set a date to convene the parties involved in the complaint, sending notices to the parties, and requesting for them to appear before the National health Data Privacy Board, with their witnesses, if any. | + | 1. The Board shall set a date to convene the parties involved in the complaint, sending notices to the parties, and requesting for them to appear before the Health Privacy Board, with their witnesses, if any. |
| 2. The Board shall ensure that before it convenes the parties: | 2. The Board shall ensure that before it convenes the parties: | ||