Laws Affecting NI

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UNIT V -

Policies, Guidelines and Laws in Nursing Informaucs

UNIT INTRODUCTION

The health care environment in which advanced practice registered nurses are currenty

need to transtorm tne


practicing is a
P
complex setting with rapid change underway driven by a

health care delivery system by focusing on improving patient safety, quality, and population
health, while at the same time decreasing the overall cost of health care. This unit focuses on

Intellectual Property Law; Copyright Law; Privacy of Personal and Public Domains (Data Privacy
Act); and Netiquette Rules and Guidelines.

PURPOSE AND OBJECTIVES


At the end of this unit, you should be able to:

1. Describe briefly the Intellectual Property Law and Copyright law


Understand and explain the Privacy of Personal and Public Domains of the Data Privacy
2.
Act

3. Determine and apply different Netiquette Rules and Guidelines

III. INTELLECTUALPROPERTY LAW

Intellectual Property Law

Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and
and images used in commerce.
works; designs; and symbols, names
artistic
and trademarks, which enable people to
IPis protected in law by, for example, patents, copyright
what they invent or create. By striking the right balance
earnrecognition or financial benefit from
the IP system aims to foster an
Detween the interests of innovators and the wider public interest,
flourish.
Cnvironment in which creativity and innovation can
AS accessed from Chan Robles Virtual Law Library (2020):

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The law:
the Intellectual Property Code and Establishino
Republic Act No. 8293 .An Act Prescribing ng the s

Intellectual Property Office, Providing


for Its Powers and Functions, and for ther Purno
Other Purposes
Code of the Philippines.
otherwise known as the Intellectual Property

State policy declaration:


is vital to tho
effective intellectual and industrial property system he
The State recognizes that an

attracts foreipn
creative activity, facilitates transfer of technology,
development of domestic and
shall protect and secure the exclusive
and ensures market access for our products. It
investments,
and other gifted citizens to their intellectual property and
rights of scientists, inventors, artists
for such periods as provided in this Act.
ereations, particularly when beneficial to the people,

The use of intellectual property bears a social function. To this end, the State shall promote

and information for the promotion of national development and


the diffusion of knowledge
progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering patents,

trademarks and copyright, to liberalize the registration on the transfer of technology, and to

enhance the enforcement of intellectual property rights in the Philippines.

Effect on international conventions and on principle of reciprocity:

national who is domiciled or has a real and effective industrial


Any person who is a or

establishment in a country which is a party to any convention, treaty or agreement relating to


intellectual property rights or the repression of unfair competition, to which the Philippines is also
a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to

benefits to the extent necessary to give effect to any provision of such convention, treaty or

reciprocal law, in addition to the rights to which any owner of an intellectual property right is

otherwise entitled by this Act.

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to wit:
parts,
into five [5]
law:
la divided

Philippines is
thee
of
Parts
Code of the
Property
Intellectual
n t e l l e

e
The.

Office
The Intellectual Property
P A R T I

The Law on Patents Trade


Names
PART II
Service
Marks and
Trademarks,
PART I The Law on
PARTII
PART IV
The Law on Copyright
Final Provisions
PART V
P. Code:
Intellectual property
rights under the I.

follows:
are as
under the Intellectual Property Code
property rights
The intellectual
and related rights;
1. Copyright
and service marks;
2. Trademarks
3. Geographic indications;

4. Industrial designs;

5. Patents
circuits; and
[topographies] of integrated
6. Layout designs
information.
undisclosed
7. Protection of

Government Agencies: of the Intellectual Property Code


of the implementation
in charge
The agency of the government Trademarks and
the Bureau of Patents,
Office which replaced
IS the Intellectual Property
six [6] Bureaus,
namely:
divided into
Transfer. It is
echnology
(1] Bureau of Patents;
2] Bureau of Trademarks;
3] Bureau of Legal Affairs; Bureau;
Information and Technology Transfer
Documentation, and
EDP Bureau;
Information System and
Management
D and Personnel
Services Bureau.
Financial
Administrative,

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COPYRIGHT LAW(UNDER the Intectual Property Code of the Philippines)

As per Federis & Associates Intellectual


Property Firm (2013) hereunder is summary of Part
Philippines specifically the Laws on Copyright. 'art IV
i
of the Intellectual Property Code of the

Copyright Law

What is copyright?
Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.

What are considered copyrightable works in the Philippines?


Under Philippine Law, original intellectual creations in the literary and artistic domain are
copyrightable. These include books, pamphlets, articles and other writings; periodicals and
newspapers; lectures, sermons, addresses, dissertations prepared for oral delivery; letters
dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb
shows, musical compositions; drawing, painting, architecture, sculpture, engraving,
lithography; models or designs for works of art; original ornamental designs or models for
articles of manufacture; illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science; drawings or plastic works of

a scientific or technical character; photographic works including works produced by a proces

analogous to photography; lantern slides; audio-visual works and cinematographic works and
works produced by a process analogous to cinematography or any process for making audio
visual recordings; pictorial illustrations and advertisements and computer programs.

What works are not protected by copyright under Philippine Law?


Copyright protection does not cover:
1. Idea, procedure, system method oroperation, concept, principle, discovery or mere data as
embodied in a work;
such, even if they are expressed, explained, illustrated or
other miscellaneous facts having the character of mere items of press
2. News of the day and
information; ial
OiC1al text of a legislative, administrative or legal nature, as well as any offio

translation thereof,
a0:
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4. Work of the Philippine government, unless there was a prior approval by the appropriate

government agency; and


5. Statutes, rules and regulations, and specches, lectures, sermons, addresses, and

dissertations, pronounced, read or rendered in courts of justice, before administrative

agencies, in deliberative assenmblies and in meetings of public character.

Is a copyright registration necessary to protect artistic or literary works?

. No, copyrightable works are protected from the moment of their creation.

Who can apply for a copyright registration?


.The owner ofthe work or his/her assignees or successors-in-interest has the right to apply for

a copyright registration.

Who are considered owners of the copyrightable works?


The owners of original literary and artistic works are:
1. The author of the work;
2. If the work is of joint ownership:
a. The co-authors are the original owners and in the absence of agreement, their rights

shall be governed by the rules on co-ownership.


b. The author of each part is the owner of such part he/she created, if the work consists
of parts that can be used separately, and the author of each part can be identified.

3. If the work is created in the course of employment:


a. Employee is the owner, ifthe work created is not part of employee's regular duties
even if he uses the time, facilities and materials of the employer;
b. Employer is the owner, if the work created is the result of the performance of
employee's regularly assigned duties, unless otherwise agreed upon.
4. If the work was commissioned, the one who commissioned the work jointly owns it with
the author/creator - but the copyright of the work remains with author/creator, unless

otherwise agreed upon;


5. In the case of audio-visual work, the copyright belongs to the producer, the author of the

scenario, the music composer, the film director, and the author of the work adapted.

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However, unless otherwise agreed upon among the creators, the producer has the right to
exercise copyright to the extent required for the exhibition of the work in any manno.
ner,
musical
except for the right to collect license fees for the performance of compositione
ons,
with or without words, incorporated into the work.
which are

writer subject to the following:


6. With respect to letters, the copyright belongs to the

communications in writing are owned by the person t


a. Letters and other private
same cannot be published
addressed and delivered, but the
or
whom they are

his heirs.
disseminated without the consent of the writer
or

or dissemination
if the publio
court may authorize the publication
b. However, the

goods or the interest of justice so requires.

V. DATA PRIVACY ACT

Who Stores Data About you?


institutions stores
to banks, schools, and even government
From social media platforms
information. But
inherent right to control personal
relevant data about you. The individual has the
to the individual, the
essential for the delivery of services
needless to say, these data is very much
information. However, at the same time,
must know some of that
public, and private organizations
has not been defined in a way that is widely and
things get complicated especially if "privacy"
Actions such as collecting and storing unnecessary personal data, disclosing
generally accepted.
data to individuals or organizations that do not have a genuine need for it, or using private
be considered intrusive.
information for something other than the original purpose could

Within 60 seconds, the speed of information can be transferred from one platform to
from
another. We usually see this when we are being asked to sign in using our existing credentials
our emails or even our social media network. Lets take a look at a discussion below:

Which is more valuable-- Data or Money?


"Data is more valuable than Money. If someone takes your money, that's all they have. If you
someone take your data, they may eventually take your money too!*
from: Former Deputy Privacy Commissioner Damian Mapa

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Further quoung Former Deputy Privacy Commissioner Damian Mapa, "In today's environment,

where competitors can copy your products, pirate your employees, and mirror your algorithms,

data is the only sustainable, competitive advantage."

Privacy vs Confidentiality

Privacy is the state when an individual is free from public interruption and intrusion. The word

privacy is derived from the word 'private' which means the role of the public is limited, so the

term privacy reters to a condition where a person is apart from public attention and observation. It

is the right of every individual to be left alone in his personal matters because everybody has his

personal life. He can draw a boundary on the access of his information from the use of others

(Surbhi, S., 2018).

Moreover, Surbhi states that it is a human tendency to hide certain facts about himself or else
people will use them against him.
In addition, Surbhi believes that privacy is a matter of choice of an individual if he doesn't want
to disclose his / her matter in front of people. For example, It is quite logical that if a person wants
to take a bath or change his clothes or he wants to have a personal conversation with someone he
will seek some privacy because he does not want anybody's interference in his private moments
A good example of Internet privacy is here, you can set privacy on your social networking site
account to limit the access of your personal stutf like who can see your stuff, profile picture, photos
etc. (Surbhi, S., 2018).

On the other hand, Surbhi defines confidentiality as a state when it is intended or expected from
someone to keep the information secret. The term confidentiality extracted from the word
'confidence' which means 'trust.' In this way, confidentiality is when it is entrusted that the
information which is told in confidence to someone, will be kept secret from the reach of
unauthorized people until the parties agree to uncover the information.

In Medical, Legal, and other professions, it is common that the information shared between client
and solicitor or doctor and patient, will not be told to the third party. In the military, this term is
sed scores of times that only authorized oftficers are allowed to access the confidential
information. It prevents the access of sensitive information from being public.

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confidentiality easily like one's bank detailss 1:like an
example to understand
Surbhi provides an
orking
social networking site or an
ATM pin or user id
and password of any emai
account number or

account.

differences between privacy and confidentialitv (o...

are the major bhi


Specifically, the following

2018):
interference. Confidentialit
person is
free from public isa
situation when a
Privacy is a
secret from the
reach of any other person.
situation when
information is kept
Confidentiality is
about information.
but
Privacy talks
about a person, details about a person, whete
ereas
from accessing the personal
Privacy restricts
the public of unauthorized persons.
the information from the range
Confidentiality protects matters of a person
from interfering in the personal on.
is disallowed
are allowed to have-
In privacy, everyone
s o m e specified
and trustworthy people
Conversely, in confidentiality
information. it js
access to the
of a person.
In contrast to Confidentiality,
it is the choice
Privacy is at the voluntary; is a fiduciary.
if the relationship between parties
compulsory agreement.
Confidentiality is an
is a right. However,
Privacy
terms which are commonl-
are the two
and Confidentiality
In conclusion, Privacy i.e. the range will
be limited t.
o r private
is about personal
each other. Privacy limited t
juxtaposed with professional. The range will be
confidentiality, it is
only while if w e talk about the tw=
yourself few differences between
have trust. There a r e only a
whom the individual
the persons, to 2018).
advanced version of Privacy (Surbhi, S.,
Confidentiality is an
terms, but

Vs
CONFIDENTIAL
PRIVACY
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Comparison Chart

BASIS FOR PRIVACY CONFIDENTIALITY


COMPARISON

The state of being Confidentiality refers the situation when it


to
Meaning secluded is known as is expected from someone that he will not
divulge the information to any other person.
Privacy.

It is the right to be let It is an agreement between the persons


What is it?
alone standing in fiduciary to maintain the secrecy
of sensitive information and documents.

Prevents information and documents


from
Limits the access of the
Concept unauthorized access.
public.

Individual Information
Applies to

Yes, when the information is professional and


No, it is the personal
Obligatoryy legal.
choice of an individual

unauthorized persons are disallowed


Everyone is disallowed Only
Disallowed information.
from involving the from using the
personal affairs of an
individual.

Anonymity, Confidentiality
and Privacy of Health
The Importance of Preserving
Information are as follows:

that includes an understanding of the


1. To ensure safe and compassionate nursing practice
must function vis- a- vis protecting
boundaries within which
nurses
ethico-moral and legal of
and confidentiality
the patient's rights to: respect of human dignity; anonymity, privacy,

health information.

to be able to
Nurses must understand the ethico-moral and legal implications of nursing
determine what is good or valuable for all people and to judge what is right and wrOng

93
Furthermore, the nurse must understand the law protect themselves from
protect their client's rights.
liability

As technology has expanded the role of the nurse, the ethical dilemmas associated ,
ith the
client care and health information have increased and often become legal issues an
Nurses familiarity with ethico-moral and legal implications ot nursing. enhances thei
eir
ability to be client advocate.

and other improper use of patien:


2. To ensure protection of patients from identity theft, tient

information, specifically for financial gain.

certain facts about themselves


3. To maintain patient's trust. Thus, they will prevent hiding
COVD 19, the very devastating
During this present times of crisis caused by the pandemic
their history of travels, being exposed PUIs
to
not being forthright with
effect of patients LA- gnat; N
"ULAN" (U- bong walang plema;
PUMs, having signs and symptoms of
deaths of doctors,
caused the untimely, heart- breaking
ahihirapan sa paghinga) had

urses, other healthcare workers and frontliners.

health care
communication between the patient and the
REMEMBER: Open and honest
therapeutic relationship.
workers is ofutmost importance for
for
information will be essential
and availability of the electronic health
4. The integrity and
to be able to trust the
data for patient care
entire clinical team
physicians and the
decision making.
healu
detrimental to health research
and public
S. lo prevent unintended consequences

practice.

6. To ensure availability of accurate health information when needed by the patient.

7. To help maintain a professional attitude in health care settings.

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8. To prevent legal suits---thus avoid negative repercussions on the health care institution's
reputation.
"There is no advertisement as powerful as a positive reputation traveling fast."-Brian
Koslow

Data Privacy Act of the Philippines


Implementing rules and regulations of RepublicAct 10173, known as the "Data Privacy

Act of 2012"

Pursuant to the mandate of the national privacy commission to administer and implement
the provisions of the data privacy act of 2012, and to monitor and ensure compliance of the country

with international standards set for data protection, the following rules and regulations are hereby

promulgated to effectively implement the provisions of the act:

Rule IV. Data Privacy Principles

Section 17. General data privacy principles. The processing of personal data shall be allowed,
act and other laws allowing disclosure of
subject to compliance with the requirements of the
information to the public, and adherence to the principles of transparency, legitimate purpose, and

proportionality.

Section 18. Principles of transparency, legitimate purpose and proportionality.


The processing of personal data shall be allowed subject to adherence to the principles of
transparency, legitimate purpose, and proportionality.

A. Transparency. The data subject must be aware of the nature, purpose, and extent of the
processing of his or her personal data, including the risks and safeguards involved, the identity of

personal information controller, his or her rights as a data subject, and how these can be exercised.
Any information and communication relating to the processing of personal data should be easy to

access and understand, using clear and plain language.

B. Legitimate purpose. The processing of information shall be compatible with a declared and

Specified purpose which must not be contrary to law, morals, or public policy.

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C. Proportionality. The processing of information shall be adequate, relevant, suit
necessary, and not excessive in relation to a declared and specified purpose. Personal data ch.
shall be
could not reasonably be fulfilled by other
processed only if the purpose of the processing means.

and retention.
Section 19. General principles in collection, processing
of personal data shall adhere to the following general
principles in the colleti.
tion,
The processing
data:
processing, and retention of personal
A. Collection must be for a declared, specified, and legitimate purpose.
B. Personal data shall be processed fairly and lawfully.
C. Processing should ensure data quality.

D. Personal data shall not be retained longer than necessary.


E. Any authorized further processing shall have adequate safeguards.

of personal data
Rule VI. Security m e a s u r e s for the protection

personal information
information controllers and
Section 25. Data privacy and security. Personal
and technical
shall implement reasonable and appropriate organizational, physical,
processors
controller and
measures for the protection
of personal data. The personal information
security
under ther
shall take steps to ensure that any natural person acting
personal information processor
their
and who has access to personal data, does not process them except upon
authority
law. The security measures shall aim to maintain the availability
instructions, or as required by
daa
and confidentiality of personal data and are protection of personal
intended for the
integrity,
any
any accidental or unlawful destruction, alteration, and disclosure, as well as against
against ast

other unlawful processing. These measures implemented to protect personal data agai
shall be
natural dangers such as accidental loss or destruction, and human dangers such as unlawful acce
fraudulent misuse, unlawful destruction, alteration and contanmination.

Section 26. Organizational Security Measures


shall

Where appropriate, personal information controllers and personal information processors


comply with the following guidelines for organizational security

96
liance officers
A . C o m p l i a n

policies.
protection
A.
Data
processing activities.
Records of
Management
of human resources.
D.
of personal data
Processing
E.

n
Section.
27. Physical security measures. Where appropriate, personal information controllers and

wrSonal information processors shall comply with the following guidelines for physical security:
perso

A. Policies and procedures shall be implemented to monitor and limit access to and activities
in the room, workstation or facility, including guidelines that specify the proper use of and
access to electronic media;

B. Design of office space and work stations, including the physical arrangement of furniture
and equipment, shall provide privacy to anyone processing personal data, taking into

consideration the environment and accessibility to the public;

schedule of individuals involved in the processing of


C. The duties, responsibilities and
that only the individuals actually
personal data shall be clearly defined to ensure

duties shall be in the room or work station, at any given time;


performing official

other bodyprocessing of personal data


involved in the
D. Any natural or juridical person or

regarding the transfer, removal, disposal, and re-


Shall implement policies and procedures
of personal data;
use of electronic media, to ensure appropriate protection

files and equipment


E. the mechanical destruction of
roncies and procedures that prevent data
of personal
workstation used in the processing
d l be established. The room and

secured against natural


disasters, power disturbances,
a s far as practicable, be
external access, and other similar threats.

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of Data Subjects
Rule VIlL Rights

is entitled to the following rights:


Section 34. Rights of the data subject. The data subject

informed.
A. Right to be
informed whether personal data pertaining to him or her
The data subject has a right to be
1.
automated decision.
have been processed, including the existence of
shall be, are being, or

making and profiling.


indicated hereunder
furnished with information
subject shall be notified and
2. The data of the personal
her personal data into the processing system
of his or
before the entry
or at the next practical opportunity:
information controller,

into the system;


the personal data to be entered
A. description of including processing
for
will be processed,
for which they are being or
B. purposes scientific purpose;
statistical or
or historical,
direct marketing, profiling the data subject
the consent of
when processing
is not based o n
C. basis of processing,
D. scope and method
of the personal data processing; are or may be
data
whom the personal
or classes of recipients to
E. the recipients

disclosed; by the data subje


if the same is allowed
access,
F. methods utilized for automated informanon
meaningful
authorized, including
and the extent to which such a c c e s s is
and the envisag
well as the significance
about the logic involved, as

consequences of such processing for the data subject ntative;

controller or its repIc


.the identity and contact details the personal data
of
and
H. the period for which the information will be stored; c c e s s ,

t h e existence of their rights as data subiects, including the Tig


complain

to loug
correction, and object to the processing, as well as the right
before the commission.

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B. Right to object.
The data subject shall have the right to object to the processing of his or her personal data,
including processing for direct marketing, automated processing or profiling. The data subject
shall also be notified and given an opportunity to withhold consentto the processing in caseof

changes or any amendment to the information supplied or declared to the data subject in the

preceding paragraph.

When a datu subject objects or withholds consent, the personal information controller shall no

longer process the personal data, unless:


1. The personal data is needed pursuant to a subpoena;
2. The collection and processing are for obvious purposes, including, when it is necessary for

the performance of or in relation to a contract or service to which the data subject is a party,
or when necessary or desirable in the context of an employer-employee relationship

between the collector and the data subject; or


3. The information is being collected and processed as a result ofa legal obligation.

C. Right to access.
The data subject has the right to reasonable access to, upon demand, the following:

1. Contents of his or her personal data that were processed;


2. Sources from which personal data were obtained;
3. Names and addresses of recipients of the personal data;
4. Manner by which such data were processed
5. Reasons for the disclosure of the personal data to recipients, if any;
6. Information onautomated processes where the data will, or is likely to, be made as the sole
basis for any decision that significantly affects or will affect the data
subject;
7. Date when his her
or personal data concerning the data subject were last accessed and
modified; and
8. The designation, name or identity, and address of the personal information controller.

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D. Right to rectification.
The data subject has the right to dispute the inaccuracy or error in the
ne personal da
personal data and
have the personal information controller correct it immediately and accordingly, unless tho
nless the reques
is vexatious or otherwise unreasonable. If the personal data has been corrected, the pDerse

information controller shall ensure the accessibility of both the new and the retracted infa.
ersonal
tracted information
and the simultaneous receipt of the new and the retracted information by the intended recini.

thereof: provided, that recipients or third parties who have previously received such Droco.
ocessed
personal data shall be informed ofits inaccuracy and its rectification, upon reasonable reanees
st of

the data subject.

E. Right to erasure or blocking.


The data subject shall have the right to suspend, withdraw or order the blocking, removal

or destruction of his or her personal data from the personal information controller's filing system

This right may be exercised upon discovery and substantial proof of any of the following:
1.
A. the personal data is incomplete, outdated, false, or unlawfully obtained;
B. the personal data is being used for purpose not authorized by the data subject;
C. the personal data is no longer necessary for the purposes for which they were collected;

D. the data subject withdraws consent or objects to the processing, and there is no other lega
ground or overriding legitimate interest for the processing;
E. the personal data concerns private information that is prejudicial to data subject, unless

justified by freedom of speech, of expression, or of the press or otherwise authorized;


F. the processing is unlawful;

G. the personal information controller or personal information processor violated the righis o
the data subject.
Further details of the Data Privacy Act of 2012 https://www.privacy.gov.ph/dataprivacy-ac0

100
Data Privacy Act as Applied In Nursing Practice
Nurse's Guidelines to avoid Data Breach
.Maintain the integrity ofpatientconfidentiality DO NOT SHARE INFORMATION ABOUT
THE PATIENT TO THOSE OUTSIDE OF CARE.
If you are unsure about disclosing a patient's information, seek guidance from the Hospital's

Data Protection Officer (DPO)


Know by heart your hospital's Privacy Manual without fail.

Never seek information about a patient for whom you are not providing care.

Always maintain your patient's information confidential.


Always get consent in obtaining information as well as in taking photographs

VI. NETIOUETTE RULES AND GUIDELINES

Netiquette Rules and Guidelines

Netiquette is short for "Internet etiquette." Just like etiquette is a code of polite behavior
in society, netiquette is a code of good behavior on the Internet. This includes several aspects of
the Internet, such as email, social media, online chat, web forums, website comments, multiplayer
gaming, and other types of online communication.
While there is no official list of netiquette rules or guidelines, the general idea is to respect others
online.

Examples of rules to follow for good netiquette:


1. Avoid posting inflammatory or offensive comments online (a.k.a flaming).
2. Respect others' privacy by not sharing personal information, photos, or videos that another
person may not want published online.

3. Never spam others by sending large amounts of unsolicited email.


4. Show good sportsmanship when playing online games, whether you win or lose.
5. Don't troll people in web forums or website comments by repeatedly nagging or annoying

them.

101
. Stick to the topic when posting in online forums or when commenting on photos or vider
deos,
such as YouTube or Facebook comments.
7. Don't offensive language.
swear or use
Dreak the
Instead, cycle
8. Avoid replying to negative comments with
8. more negative comments.

with a positive post.


l f someone asks a question and vou know the answer, offer to neip

10. Thank others who help you online.

Need to Know
10 Netiquette Guidelines Online Students

excerpt from Brooks, A. 2019)

1. NO YELLING, PLEASE SITUATIONS


TYPING IN ALL
everything-BUT IN MOST
There's a time and a place for and will have a hard
it as shouting
I N A P P R O P R I A T E . Most
readers tend to perceive
CAPS IS be. lt you have
your response may
how intelligent
seriously, no matter
time taking what you say can still see
without coming across
so you
vision issues, there are ways to adjust how text displays

as angry.

backfire
Sarcasm c a n (and will) be incredibly
2. as it can
arguments online,
of plenty of misguided
has been the
source
Sarcasm
s e e m like an
obvious joke to you could
commenter's intent. What may
understand the
difficult to rule of thumb,
know you personally. As a
rude
or to those who don't
as off-putting
come across
lean toward being polite and
avoid s a r c a s m altogether
in an online classroom. Instead,
it's best to
communicate to avoid these
issues.
direct in the way you

3. Don't abuse the chat box


ask
place for students to share ideas and
incorporated into many online classes as
a
Chat boxes are

major distraction-it all depends


questions related to the lesson. It can be a helpful resource or a

on how well students know their classroom netiquette.


to
Rather than asking relevant questions or giving clear answers, students might use the chat box
ask questions irrelevant to the discussion, or to talk about an unrelated topic," says Erin Lyncn,
le
senior educator at Test Innovators. The class chat box isn't an instant messenger like you'd
102
with friends. Treat it like the learning tool it's meant to be, and try not to distract your classmates
with off-topic discussions.

4. Attempt to find your own answer

If you're confused or stuck on an assignment, your first instinct may be to immediately ask a

question. But before you ask, take the time to try to figure it out on your own.
For questions related to class structure, such as due dates or policies, refer to your syllabus and
course FAQ. Attempt to find the answers to any other questions on your own using a search engine.

If your questions remain unanswered after a bit of effort, feel free to bring them up with your

instructor.

5. Stop... grammar time!


Always make an effort to use proper punctuation, spelling and grammar. Trying to decipher a
string of misspelled words with erratic punctuation frustrates the reader and distracts from the
point of your message.

On the other hand, it's important to be reasonable about others' grammar mistakes. Nobody likes

the grammar police, and scolding a classmate because he or she used "your" instead of "you're"

isn't practicing proper netiquette.

6. Set a respectful tone

Every day may feel like casual Friday in an online classroom where you don't see anyone in
person, but a certain level of formality is still expected in your communication with instructors. In

addition to proper punctuation and spelling, it's good netiquette to use respectful greetings and

signatures, full sentences and even the same old "please" and "*thank you'" you use in real life.

7. Submit files the right way


You won't be printing assignments and handing to them to your teacher in person, so knovwing
how to properly submit your work online is key to your success as an online student. Online course

instructors often establish ground rules for file assignment submissions, like naming conventions

that help them keep things organized or acceptable file formats. Ignoring these instructions i5 a

common example of bad netiquette.

103
d o n ' t follow instructions, vou're taking the risk that your instructor won't be able to find .

neir instructio
open your assignment. Save yourself and your instructor a headache and read their instructions
carefully before submitting.

8. Read first
a k e some time to read through each of the previous discussion post responses before writing your

OWn response. If the original post asked a specific question, there's a good chance someone has

classmate's indicates to the


already answered it. Submitting an answer that is eerily similar to a

instructor that you haven't paid attention to the conversation thus far

it's important to absorb all of the information


Kemember, discussions can move fairly quickly so

attempting to add something


before crafting your reply. Building upon a classmate's thought or

new to the conversation will show your instructor you've been paying attention.

9. Think before you type


in an
few minutes later, but what you share
spoken in class can be forgotten
a
A comment
passing
record.
online classroom is part ofa permanent digital
want
to be guarded when it comes to personal information, you always
Not only is it good practice
room together.
were sitting in the same
toward others as you would be ifyou
respectful
to be just as front of a
if you're comfortable standing up in
a good rule of thumb to follow is
Zink says
then it's most likely okay to share.
classroom and saying your message,

and professional
10. Be kind exist when you're talking
to
comes with a level of anonymity that doesn't
communication
Online with one
this leads people to behave rudely when they disagree
face-to-face. Sometimes using a
someone
anonymity that c o m e s with
don't have the complete
Online students probably distance
another.
s o m e o n e poorly
because of the
fall prey to treating
but you could still disagree
screen name, you disagre
ifyou
n if
kind and respectful in your c o m m e n t s -eevveen
s c r e e n s . Make a point
to be
between

with someone.
P

(D

J
5

J
C. Responsible social media use also requires the individual to ensure that
hat in his o
her
sOCial media activity, there is no law violated, including copyright, libel and cyberci
laws. At al times, the individual shall respect the right of privacy of others. CTime
d. Use of social
media requit a personal commitment to uphold the ethica ical standards
cquired of those providing health services, upon which patient trust is built.

Sec. 5. Social
Media for Health Education or Promotion
The individualusing social media for health education or promotion must be wel.
informed of the matter subject of the social media
post, comment or other activity. The
individual shall refrain from any activity which spreads or tends to
spread
misinformation.
. An article written
by individual and posted in social media must be evidence-based
an
and disclose connections with
pharmaceutical or health product companies or other
sources of possible conflict of interest.

C. Social media shall not be used to


dispense specific medical diagnosis, advice, treatment
or
projection but shall consist of general opinions only. Use of social media should
include statements that a
person should not rely on the advice given online, and that
medical concerns are best addressed in the
appropriate setting.
d. The individual shall be careful in
ensure that such
posting or publishing his or her opinion and shall
opinion will not propagate misinformation or constitute a
misrepresentation. The individual shall not make any misrepresentations in his or her
social media activity relating to content, his or her
other information that may be misconstrued or taken employment or credentials, and any
out of context.

Sec. 6. Professionalism in Social Media Use


a. Individuals are discouraged from using a
single account for both
private use. Be mindful that an electronic mail address used professional and
be linked to a social media site used privately. professionally may readily

b. The individual shall conduct himself or herself in social


media or online the same way
that he would in the public, mindful of
acting in a manner befitting his
profession, or
that would inspire trust in the service he or she
has not separated his or her professional and
provides, especially if the individual
personal accounts in social media.
C. The individual shall likewise refrain from using the
name, logo or other symbol of a
institution without prior authority in his or her social media
activity. An individual shal
not identify himself or herself as a representative of an
institution in social meu
without being authorized to do so.

106
d. Individuals shall accept former or current patients as friends or contacts in their
not
personal accounts, unless there is justification to do so. such as a pre-existing
relationship or when unavoidable for patient care. In case of online interaction with
patients this should be limited to matters related to the patient's treatment and
management, and which could be properly disclosed.

e. Informal and personal information concerning a patient, colleague or the health facility
shall not be posted, shared or otherwise used in social media.

f. Social media shall not be used to establish inappropriate relationships with patients or
colleagues, and shall not be used to obtain information that would negatively impact
on the provision of services and professional management of the patient.

An individual shall refrain from posting, sharing or otherwise using photos or Videos
g
taken within the health facility, which would give the impression of unprofessionalism,
show parts of the health facility where there is an expectation of privacy, or those which
includes colleagues, employees, other health facility staff, or
patients without their
express consent. The consent requirement shall apply even if the other individuals
included are not readily identifiable.

Sec. 7. Responsible Social Media Activity


a. In using social media, the individual shall respect the dignity, personality. privacy and
peace of mind of another.

b. The individual shall not post, share or otherwise use social media with the intent of
damaging the reputation of any other individual or institution, especially if the subject
is identified or identifiable.

c.
C. Derogatory comments about patients, colleagues, employers and institutions or
companies should be avoided. An individual may "like" a defamatory post but he or
she must use caution when sharing, retweeting or contributing anything that might be
construed as a new defamatory statement. A post, comment or other social media
activityis considered defamatory if:

discreditable act condition to another;


or
1) The activity imputes a
or seen by any other person;
2) The activity is viewed
3) The person or institution defamed is identified or readily identifiable;
4)There is malice or intent to damage the reputation of another.

d. He or she shall be careful of sharing posts or other contents that are unverified,
particularly if it discredits another person or institution, or imputes the commission of
a erime orviolation of law even before trial and judgment, and violates the privacy of
another. Fair and true reporting on matters of public concern shall be allowed provided
that the content was obtained lawfully and with due respect for the right of privacy.

107
e. An individual shall not use copyrighted materials other than for tair use where the
proper citation of source and author. Use of copyrighted material for plirn is
criticism, comment, news, reporting, teaching, scholarship, research, and sin
purposes is compatible with fair use.

f. An individual is
prohibited from:
1) Social media activities that defame, harass, stalk, or bully another perSOn
institution. person or
2) The use or access of personal social media accounts of others without authori
rity.
3) Posting. sharing or otherwise using any information intended to be private
obtained through access to electronic data messages or documents.
4) Posting, sharing or otherwise using recorded conversations between doctore
individuals or patients, when such recording, whether audio or video, was
without consent of all the parties to the conversation g. Individuals should
obtained
use
conservative privacy settings in their social media account used
professionally. The
individual should also practice due diligence in keeping their social media
safe such as through regular
accounts
password change and logging out after social media
use.

Sec. 8. Health Information


Privacy
a. The individual shall respect the
right to privacy of others and shall not collect, use,
access or disclose
information, pictures and other personal or sensitive information
without obtaining consent from the individual concerned.
Physicians, health facility
employees and other health staff shall have the duty of protecting patient confidentiality
in their social media activity.

b. Personal health information, including photos or videos of patients, shall not be


shared or otherwise used in social media without consent of posted.
obtained after explaining to the patient the
patient. Consent shall be
purpose of the intended collection, use.
access and disclosure. Consent for use of
personal health information shall be written
or evidenced by electronic means.

c. An individual shall not post, share or otherwise use any information which could be
used to identify patients without their consent,
including patient's location,
numbers, and photographs or videos of patients or their body parts. including room
code
names referring to patients.
d. The individual shall not post, share
or otherwise use
any other information acquired n
attending to a patient in a professional capacity, and which would blacken tne
reputation of the patient. The duty of maintaining patient confidentiality remains evcu
after patient's death.

e. An individual shall not post, share or otherwise use any information relating to the
identity, status and personal details of persons with HIV, those who have undergo
drug rehabilitation, and victims of domestic violence, rape and child abuse.

108
Sec. 9. Compliance and Reporting.
culture in the
a. An individual shall strive todevelop, support and maintain a privacy
institution.
health facility. He or she shall abide by the social media use policy of the

misinformation or
b. An individual who becomes of unprofessional behavior,
aware
to the hospital's privacy
privacy violations in social media shall report the matter
officer or the proper office or authority within the facility.

media activity of
C. Health facilities shall infar as practicable monitor the social
so
staff, including students
or
all physicians, employees and other health facility academic
fulfilling
training, practicing their profession, working,whether
or
residents in or
temporary
and clinical requirements within the health facility,
permanent.
ethics of
constitute a violation of the code of
Sec. 10. Penalty. A violation of this policy may
laws.
physicians and other professions, and other applicable

other Health Facility


Staff. Any person found
Professionals, employees and
a. Health health rules and
facility
considered in violation of
violating this policy will be to health facility
administrative proceedings,

regulations, and shall be subjected on the severity


of the violation, could
which after notice and hearing,
and depending
A lighter penalty may
termination of service or withdrawal of privileges.
result to
severity
the of the violation, the following
likewise be imposed. In determining if any, the nature of the violation,
considered: previous violation,
imposed by the health facility shall1
factors may be
or damage. The penalty
and the extent of injury a complaint
before the Civil Service
to the fling of
be without prejudice of the
Commission, the Office
Professional Regulations
Commission, the courts.
Ombudsman, or proper
Prosecutor or

be reported to the college wherein they are

In case of students,
they shall which could result to
b. Students. to disciplinary proceedings,
shall be subjected with the
enrolled and the violation, and in
accordance
on the severity of likewise
expulsion, depending rules. A lighter penalty may
University and respective College to other
applicable shall be without prejudice
The disciplinary proceedings
be imposed.
applicable legal remedies.

109

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