Draft of a Federal Act dated on the Electronic Patient File (total revision)
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Abbreviation
:
P-LDEP
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Provision
:
Art. 19f and ss
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Short description
:
Access to data from the electronic patient file for research and quality assurance purposes.
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Nature of the provision
:
Right to request data
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Status
:
Project
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Sector
:
Health, research
Legal text :
Article 19f Request
1 The federal authorities may disclose, to third parties who request them, the data from the database of structured patient health data for research and quality assurance purposes.
2 The Federal Council shall define the methods of submission of such requests.
3 It may issue directives for the processing of disclosed data, to ensure protection of the privacy of the persons concerned.
4 The federal authorities may charge fees to third parties whose research results or results obtained in a quality assurance context are not publicly accessible.
Article 19g Data communication
1 Data communicated by the federal authorities must be anonymised.
2 Data need not be anonymised when forwarded for research purposes in accordance with the Federal Act of 30 September 2011 on Research Involving Human Beings if the applicant submits the authorisation or content required by the human research legislation.
3 Data transmission for non-research purposes and for quality assurance is governed by the Federal Act of 25 September 2020 on Data Protection.
4 The Federal Council shall satisfy itself that the anonymisation requirements correspond to the state of the art.
Actor with an obligation to share data
Confederation
Beneficiaries
All
Linking criteria for Switzerland
Linking criteria for Switzerland
Financial aspects
Not specified
Binding and/or enforceable
Non-binding
Conditions for accessing data
Research objective
Exceptions and limitations
See legal provisions.
Static data
Format
Structured format required
Plateform
DEP platform
Notes
This is a draft (status as at 18.07.2024). Current legislation makes no provision for this.
Compilation and Disclaimer
This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).
This index does not constitute legal advice, and no guarantee is given regarding its completeness.
Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.