Lei geral de proteção de dados: o dever legal no atendimento clínico e hospitalar

Abstract

This article aims to specifically discuss the legal duty in clinical and hospital care in relation to the new validity of the General Data Protection Law, data involving the health of patients, which are not classified as anonymized, within the scope of the private and public service. This is because the Fundamental Right to data protection is finally placed in an autonomous rule in Brazil, due to the sanction of the General Data Protection Law No. 13,709/2018 (LGPD), which came into force on September 18, 2020. Considering the current situation of our society, the General Data Protection Law has high expectations for the defense of the rights of individuals. In this sense, the collection, processing, registration and search of information from users of health services in the field of the medical field, related to the treatments carried out on patient data, end up becoming increasingly important. Both segments traverse a path that they indispensably circumvent and go beyond the mere exploration of concepts that refer to consent and legal duty. At the end, it will be possible to carry out the analysis of the functions, their differences and consents that show in the two indicated paths, the individual limits of each of these and the frontier faced between lawfulness and unlawfulness corroborated to the legal duty in obtaining consents applied to the sector of Health.