Press Statement on the Viral Video of a Student Nurse Posting a Patient's Cardiac Monitor Flatline
The National Privacy Commission (NPC) has taken cognizance of the recent incident involving a nursing student who shared a controversial video filmed within a hospital setting, including a clip of a patient’s cardiac monitor.
The Data Privacy Act of 2012 (DPA) applies to the processing of personal and sensitive personal information (collectively, personal data). Section 12 of the DPA provides that processing of personal information shall be permitted only if it is not prohibited by law, and when at least one of the conditions listed in Section 12 exists. Additionally, Section 13 of the DPA provides that processing of sensitive personal information and privileged information shall be prohibited, except in the cases listed in Section 13. Thus, the posting of videos determined to contain personal data should comply with the DPA, its Implementing Rules and Regulations (IRR), and other issuances of the NPC. Non-compliance with the law shall be penalized by imprisonment and fine, as the case may be.
If the videos do not include details that can identify a person, its disclosure may not fall under the scope of the DPA. However, the NPC acknowledges the potential risks to individuals' rights and freedoms, especially for patients. We emphasize that sharing images or videos from these settings can raise serious ethical concerns and may undermine the trust between patients and healthcare providers. Ethical considerations are critical in maintaining the integrity of healthcare practices and protecting the dignity of patients.
With this, we urge all medical professionals and healthcare workers, including students in training, to exercise the utmost caution when taking pictures or videos within healthcare settings and refrain from posting these in publicly accessible platforms. We remind everyone that freedom of expression is not absolute and is limited by considerations such as the data privacy rights of others.
The NPC will continue to promote and safeguard the rights of all individuals and work closely with relevant stakeholders to ensure that the principles of data privacy and ethical standards are upheld.
For more information, visit our website at https://privacy.gov.ph/ or contact us at [email protected].
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