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4 January 2019
Re: USE OF CLINICAL DATA IN RESEARCH
Dear [Redacted],
We write in response to your letter requesting the National Privacy Commission (NPC) to allow you to use the following clinical data of stroke patients of Our Lady of Lourdes Hospital (OLLH) for your research study:
- Age
- Sex
- Body Mass Index
- Diabetes
- Asthma
- Hypertension
- Heart Diseases (coronary heart disease, cardiomyopathy, heart failure, and atrial fibrillation)
- Personal or family history on TIA
- Brain aneurysm or arterioveous malformations
- Smoking
Discussion
We would like to clarify that NPC is not mandated to grant permission, nor compel any institution to allow any request of a researcher when using clinical data. A researcher must comply with the requirements of applicable laws, regulations, or ethical standards for research.1
The Data Privacy Act of 20122 (DPA) applies only to the processing of personal data.3 Statistical, aggregate, or anonymous data are no longer in the purview of the law.
With this, you may consider requesting for the abovementioned clinical data from the OLLH sans all information that may lead to the identity of the patient. If there is a need for any personal data of the patient, it is best to obtain consent. Lastly, it is recommended that you submit your research protocol to a recognized research ethics committee/ethics review board to ensure that ethical standards are observed.
This opinion is based solely on the information you have provided. Additional information may change the context of the inquiry and the appreciation of facts.
For your reference.
Very truly yours,
(Sgd.) IVY GRACE T. VILLASOTO OIC-Director IV, Privacy Policy Office
Noted by:
(Sgd.) RAYMUND ENRIQUEZ LIBORO Privacy Commissioner and Chairman
Footnotes
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Rules and Regulations Implementing the Data Privacy Act of 2012, Republic Act No. 10173, § 5 (c) (2016). ↩
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An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes [Data Privacy Act of 2012], Republic Act No. 10173 (2012). ↩