Radosław Zajdel1, Justyna Zajdel. 1. Studium Informatyki i Statystyki Medycznej, Uniwersytet Medyczny, Łódź. Radoslaw.Zajdel@umed.lodz.pl
Abstract
BACKGROUND: This paper is composed of two parts, the first one addresses the issue of legal grounds for teleconsultation and telemedicine in Poland, the other tries to answer the questions whether the provision of health services with use of telemedical tools does not breach medical professional secrecy or personal data protection. MATERIAL AND METHODS: The material comprised a whole set of Polish and European legal acts that could have any impact on the legal basis of telemedicine in Poland. The method applied was of interpretative nature, and the texts of above-mentioned acts were thoroughly analyzed, providing the first comprehensive study on this subject. RESULTS: The medical professional secrecy is not violated if the range of transmitted data is limited to those, which are absolutely necessary in the diagnostic and therapeutic process. This rule involves the transmission of indispensable personal and medical data, however, sharing the patient's appearance should be preceded by his/her informed consent. CONCLUSIONS: The achievements of information technology greatly contribute to the quality of diagnostic and therapeutic processes. Due to the rapid development of modern means of telemedicine we face the need to establish legal regulations, specifying the principles of distant exchange of medical data.
BACKGROUND: This paper is composed of two parts, the first one addresses the issue of legal grounds for teleconsultation and telemedicine in Poland, the other tries to answer the questions whether the provision of health services with use of telemedical tools does not breach medical professional secrecy or personal data protection. MATERIAL AND METHODS: The material comprised a whole set of Polish and European legal acts that could have any impact on the legal basis of telemedicine in Poland. The method applied was of interpretative nature, and the texts of above-mentioned acts were thoroughly analyzed, providing the first comprehensive study on this subject. RESULTS: The medical professional secrecy is not violated if the range of transmitted data is limited to those, which are absolutely necessary in the diagnostic and therapeutic process. This rule involves the transmission of indispensable personal and medical data, however, sharing the patient's appearance should be preceded by his/her informed consent. CONCLUSIONS: The achievements of information technology greatly contribute to the quality of diagnostic and therapeutic processes. Due to the rapid development of modern means of telemedicine we face the need to establish legal regulations, specifying the principles of distant exchange of medical data.