Laws Affecting NI
Laws Affecting NI
Laws Affecting NI
UNIT INTRODUCTION
The health care environment in which advanced practice registered nurses are currenty
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.
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):
85
The law:
the Intellectual Property Code and Establishino
Republic Act No. 8293 .An Act Prescribing ng the s
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
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
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
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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
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
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COPYRIGHT LAW(UNDER the Intectual Property Code of the Philippines)
Copyright Law
What is copyright?
Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.
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.
translation thereof,
a0:
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4. Work of the Philippine government, unless there was a prior approval by the appropriate
. No, copyrightable works are protected from the moment of their creation.
a copyright registration.
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
his heirs.
disseminated without the consent of the writer
or
or dissemination
if the publio
court may authorize the publication
b. However, the
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:
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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,
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
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.
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
Individual Information
Applies to
Anonymity, Confidentiality
and Privacy of Health
The Importance of Preserving
Information are as follows:
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
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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.
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.
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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
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
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.
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
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.
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.
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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
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of Data Subjects
Rule VIlL Rights
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
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
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
C. Right to access.
The data subject has the right to reasonable access to, upon demand, the following:
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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
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
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
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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
Never seek information about a patient for whom you are not providing care.
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.
them.
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. 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.
Need to Know
10 Netiquette Guidelines Online Students
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
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.
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"
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.
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
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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
instructor that you haven't paid attention to the conversation thus far
new to the conversation will show your instructor you've been paying attention.
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.
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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.
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:
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.
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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.
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.
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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
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.
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