4 NURSING INFORMATICS
economic growth, creates new jobs and industries, and
A. DEFAMATION
• AKA as libel, slander
• Oral or written communication of a false statement about
another that unjustly harms their reputation and usually
constitutes a tort or crime.
• Health care professionals uses social media to increase
referrals, grow the practice's patient base and generate a
positive reputation for their practice.
• However, it can create opportunity for disgruntled patients
(and family members), ex-employees, competitors, and
others to destroy the very reputation that social media is
being used to build.
• Occurs when false words are spoken (slander) or written
(libel) to a third party which exposes the individual to
hatred, contempt, ridicule, or which causes the individual
to be shunned or avoided, or which injures the individual or
his or her practice.
• Health care professionals may be sensitive to critical
comments by patients. While hurtful, these comments are
often opinions and are not necessarily considered
defamatory because they do not contain facts that can
be proven untrue.
REMEMBER!
• The standard used by courts to determine if a statement is
an opinion, is to look at whether a reasonable person would
understand the statement as being an opinion or a
statement of fact that could be proven true.
• A statement like "In my opinion, Dr. Smith is a child molester,"
is not merely an opinion but something, if untrue, would be
considered defamation even though it claims to be an
opinion.
DEFAMATION
• Defamation can damage the reputation of a healthcare
worker by saying false things
• Examples:
o a healthcare worker saying that a patient transmitted
a sexually transmitted infection to their child
o a patient stating that the healthcare worker has lost
his/her medical or nursing license.
• Health care professionals should limit public online
interactions with patients and to refrain from discussing
specific medical- related information. Online interactions
may lead to negative responses, which may result to
conflict. It is advised to communicate privately.
REMEMBER!
• Health care should be professional and limit any
conversation to what is medically important.
• It is important to keep statements for hospital documents
based on facts and refrain from making any other
comments beyond the clinical issue of relevance.
B. INTELLECTUAL PROPERTY RIGHTS (IPR)
• Intellectual Property Category of property that includes
intangible creations of the human intellect
• Intellectual Property Rights (IPR) – Exclusive rights for
different creations are acknowledged under the
corresponding fields of law.
• The right to benefit from the protection of moral and
material interests resulting from authorship of scientific,
literary, or artistic productions. (Art. 27, Universal
Declaration of Human Rights)
• The 1987 Philippine Constitution mandates their protection
“particularly when beneficial to the people”. (Art. XIV, Sec.
13, 1987 Philippine Constitution)
IMPORTANCE OF IPR
• Legal protection of new creations encourages the
commitment of additional resources for further innovation.
fcnlxa – St. Luke’s College of Nursing
• Promotion and protection of intellectual property spurs
enhances the quality and enjoyment of life.
RA 8293: INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
• It shall protect and secure the exclusive rights of scientists,
inventors, artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to the
people
• The use of intellectual property bears a social function - the
State shall promote the diffusion of knowledge and
information for the promotion of national development
and progress and the common good.
PILLARS OF IPR
1. Trademark
2. Patent
3. Trade secret
4. Copyright
1. TRADEMARK
• Identifies the company or its products such as symbols,
motto, phrases, design, name.
• It can also prevent others from using similar marks.
• Must be registered
• "Any visible sign capable of distinguishing goods*"
2. PATENT
• Grant of a property right for a set period of time, excluding
others from making, using, or selling one's invention or
process.
• The process of filing for a patent can be time consuming,
and somewhat costly.
• Term of protection: 20 years
3. TRADE SECRET
• Confidential information which may be sold or licensed.
• The unauthorized acquisition, use or disclosure of such
secret information in a manner contrary to honest
commercial practices by others is regarded as an unfair
practice and a violation of the trade secret protection.
4. COPYRIGHT
• Legal protection extended to the owner of the rights in an
original work.
• Exclusive right to make copies: to reproduce, sell and
distribute
• Lasts 50-70 years after the death of the inventor.
• Librarians are good resources for general copyright
information but ask an intellectual property attorney or
representative of legal counsel for one's organization about
specific questions.
• Whether teaching face to-face or online or developing
instructional materials, policies/procedures, or research
proposals, Nurse educators must be careful to respect
copyright protection related to how and when to use
others’ works.
REMEMBER!
• On electronic documents, assume it is protected and when
in doubt, seek permission.
• Read and refer frequently to the intellectual property laws
specific to your country, as professionals are expected to
have a basic understanding of intellectual property
• Ask employer(s) for their specific guidelines on the use of
intellectual property. If an employer does not have specific
guidelines, review guidelines from organizations like one's
institution (but be aware of the genre).
REMEMBER!
• Ignorance regarding intellectual property and copyright is
not a justification for misusing material and can put one at
risk for litigation
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C. Health Insurance Portability And Accountability Act (HIPAA) OF
1996
Health Data Privacy
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
OF 1996
• Set of rules for hospitals and health care providers to ensure
that medical records, medical billing, and patient
accounts meet certain consistent standards for handling,
documentation, and privacy
• Ensures the privacy and confidentiality of patient data
• Creates a NPI* (national provider identifier) for health care
providers.
NATIONAL PROVIDER IDENTIFIER (NPI)
• 10-digit identifier for healthcare providers in electronic
transactions which include claims, eligibility inquiries and
responses, claim status inquiries and responses, referrals,
and remittance advices.
HIPAA: PRIVACY RULE (2003)
• Standards for the protection and disclosure of patient
health information (PHI), and specifically:
o Defines identifiable PHI's, including patient identifiers o
o Stipulates how this information may be used, by whom,
and under what circumstances.
PATIENT HEALTH IDENTIFIER
• Full name
• Birthday
• Telephone numbers
• Email address
• Social security number
• Medical record number
• Certificate or license number
• Any vehicle or other device serial number
• Finger or voice print
• Photographic image (not limited to images of the face)
REMEMBER!
• Health information by itself without the identifiers is not
considered to be protected health information (PHI).
o Ex. A set of vital signs by itself is not protected.
However, when the vital signs are accompanied by a
name or medical record number, then it must be
protected.
• Health care providers are required to adhere to HIPAA
regulations
• Failure to do so can result in a reprimand, sanction, fine, or
loss of licensure by the government or state board of
nursing and/or loss of employment by the employer
depending on the circumstances
ON PHONE COMMUNICATION
• HIPAA does not prohibit discussions of a patient's condition
over the phone with a doctor or family member
• Healthcare providers must first give their name and contact
details.
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• FCC*: calls should be short and limited, in most cases, to just
60 seconds. In relation to text messages, they should be
kept to 160 characters.
ON PATIENT CONSULTATION
• HIPAA does not prevent nurses and doctors from discussing
a patient's condition or treatment in a semiprivate room
with the curtain pulled.
ON PATIENT SIGNAGES
• HIPAA does not prohibits displaying patient care signs like
"fall risk" or diabetic diet" at the door of the hospital room or
bedside.
ON PATIENT COMMUNICATION
• HIPAA does not prohibits leaving messages for patients at
their homes, on an answering machine, or with a family
member
ON PATIENT AUTHORIZATION
• HIPAA Privacy Rule permit doctors, nurses, and other health
care providers to share patient health information for
treatment purposes without the patient's authorization
ON PATIENT AUTHORIZATION
• HIPAA Privacy Rule includes sharing the information to
consult with other providers, including providers who are
not covered entities, to treat a different patient, or to refer
the patient.
• HIPAA Privacy Rule permit doctors, nurses, and other health
care providers to share patient health information for
treatment purposes without the patient’s authorization
• Patient authorization for disclosure is not needed in
situations where laws require reporting of abuse, neglect,
or domestic violence
o Ex. child abuse
• However, disclosure of information is needed to facilitate
organ donation.
D. RA10173: Data Privacy Act Of 2012
NATIONAL PRIVACY COMMISSIONS
RA10173: DATA PRIVACY ACT OF 2012
• Ensures that the Philippines complies with international
standards set for data protection through the National
Privacy Commission (NPC)*.
• Protects the privacy of individuals while ensuring free flow
of information to promote innovation and growth
• Regulates the collection, recording, organization, storage,
updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of personal
data
CONSENT OF THE DATA SUBJECT
• Any freely given, specific, informed indication of will,
whereby the data subject agrees to the collection and
processing of personal information about and/or relating to
him or her.
CONSENT OF THE DATA SUBJECT
• Consent shall be evidenced by written, electronic or
recorded means. It may also be given on behalf of the
data subject by an agent specifically authorized by the
data subject to do so.
DATA SUBJECT
• Refers to an individual whose personal information is
processed.
DATA PROCESSING SYSTEMS
• Structure and procedure by which personal data is
collected and further processed in an information and
communications system or relevant filing system
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PERSONAL INFORMATION 4. Dispute the inaccuracy or error in the personal information
• Any information whether recorded in a material form or not, and have the personal information controller correct it
from which the identity of an individual is apparent or can immediately and accordingly
be reasonably and directly ascertained by the entity 5. Withdraw personal information upon discovery and
holding the information. substantial proof that the personal information are
• Personal information must be collected for specified and incomplete, outdated, false, unlawfully obtained, used for
legitimate purposes unauthorized purposes or are no longer necessary for the
• Processed fairly and lawfully purposes for which they were collected.
• Accurate and relevant 6. Be compensated for any damages sustained due to such
• Retained only for as long as necessary inaccurate, incomplete, outdated, false, unlawfully
obtained or unauthorized use of personal information.
SEC. 12. CRITERIA FOR LAWFUL PROCESSING OF PERSONAL
INFORMATION SEC. 20. SECURITY OF PERSONAL INFORMATION
• When consent is given • The personal information controller must implement
• For fulfillment of a contract reasonable and appropriate organizational, physical and
• Compliance with a legal obligation technical measures intended for the protection of personal
• To protect vital information, including life and health information against any accidental or unlawful destruction,
• For national emergency, for public order and safety, or alteration and disclosure, as well as against any other
required by public authority. unlawful processing.
• Should not be in conflict with data subject's rights
SEC. 21. PRINCIPLE OF ACCOUNTABILITY
SENSITIVE PERSONAL INFORMATION • Each personal information controller is responsible for
• Issued by government agencies peculiar to an individual personal information under its control or custody.
• Any proceeding for any offense committed or alleged to • The personal information controller is accountable for
have been committed by such person complying with the requirements of the law
• Sentence of any court in such proceedings • The personal information controller shall designate an
individual(s) who are accountable for the organization's
SENSITIVE PERSONAL INFORMATION compliance with this Act.
• Race • The identity of the individual(s) so designated shall be
• Marital status made known to any data subject upon request.
• Age
• Religion
• Philosophical or political affiliations
• Education
• Sexual life
• Social
• Licenses or its denials, suspensions and revocations
• Tax returns
• Previous or current health records

PERSONAL INFORMATION CONTROLLER (PIC)

• Person or organization who controls the collection, holding,
processing or use of personal information.

PERSONAL INFORMATION PROCESSOR

• Refers to any natural or juridical person qualified to act as
such under this Act to whom a personal information
controller may outsource the processing of personal data
pertaining to a data subject.

PROCESSING
• Refers to any operation but not limited to, the collection,
recording, organization, storage, updating or modification,
retrieval, consultation, use, consolidation, blocking, erasure
or destruction of data.

PRIVILEGED INFORMATION
• Refers to any and all forms of data which under the Rules
of Court and other pertinent laws constitute.

RIGHTS OF THE DATA SUBJECT

1. Be informed whether personal information pertaining to
him or her shall be, are being or have been processed
2. Be furnished with the following information prior before
processing of his information: description, purpose, scope,
method, recipient, identity of PIC, period which information
is stored, and data subject's rights
3. Reasonable access to the following: contents of
information, sources, recipients, manner data was
obtained, reason for disclosure to recipients, information on
automated processes data is to be made, date when
information was last accessed, and information on the PIC.

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