Abstract

Processing medical record data involves ethical and legal challenges. This study proposes a processing description for using personal data obtained from medical records, as well as offers a general view of the current legislation on handling this type of data, contributing to further our understanding regarding consent when using medical records for research purposes. The Brazilian agency responsible for the ethical standards on research with humans issued a specific guideline on the subject to its local committees; however, such guidelines require a review based on the new meanings and senses established by the more recent legislation, according to which scientific research presents an exception to data processing without express consent by its titulary.

Human rights; Bioethics; Public health