The clinical file as an administrative document: from transparency to intrusion

Abstract

The present article aims at highlighting the difficulties in reconciling the legal regimes that bind public hospitals and regulate, respectively, health data protection and access to administrative documentation. The conflicts detected, mainly expressed through the official positions of both regulators CADA and CNPD, demand for the implementation of a special regime that harmonizes access to clinical information regardless of the nature of the legal entity which renders health care services.