Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. James Madison
Emne: Complaint against refusal of
access Oslo University Hospital documentation - Case Summaries
Fra:
Walter Keim <walter.keim@gmail.com>
Dato:
9 July.2019
Til: Ministery of Health (Helse- og
omsorgsdepartementet) <postmottak@hod.dep.no>
CC:
Peter_Gøtzsche Institute_for_Scientific_Freedom
<pcg@scientificfreedom.dk>, Robert
Whitaker
Referece is made to «documentation Oslo University Hospital - Case Summaries» document 17/2205-68 about TIPS anonymized data on death.
6.July 2020 access was deniet to document 17/2205-68 according to FOIA Section 13 1.confidentiality of personal data.
When FIO Act Section 13 "prohibits access to information that
is subject to the duty of confidentiality" where the information
relates to someone's personal circumstances, ie. § 13 no. 1. If it
is not possible to find out which person the information applies,
normally it will not be a breach of the duty of confidentiality to
pass on the information "
(Privacy
and public access by Professor Dag Wiese Schartum, UiO).
Reference is made to the Administration
Act "§ 13 a. (Limitations on the duty of confidentiality
when no protection is needed).
Confidentiality under section 13
does not prevent:
2. that the information is used when the need
for protection must be considered by providing it in statistical form
or by omitting individualizing characteristics in a different way. "
In-depth information for FOI Act arrange as follows on page 55:
"One prerequisite for the obligation of deception is that the information can be linked to specific information single persons. Information that is made anonymous or provided in statistical form so that they can not relate to certain persons, are not subject to the obligation to pay, even if they debts for sentencing health care, criminal offenses or other sensitive information. "
It has, for example. been asked "When did the suicides occur?" and what "What do accidental overdoses and other accidents mean?" ("seven (2.5%) by accidental overdoses or other accidents"). Here, the patients could, for example. anonymized to P-accident1 to P-accident7. There is no danger of identification.
There is public interest in this information: "Their study might give us a unique insight into why so many patients with such disorders die so young, but there was too little detail in their paper to provide this much needed knowledge."
In "Study 329" (Wikipedia), a re-analysis is based on anonymized raw data.
Regards
Walter Keim
Netizen:
http://walter.keim.googlepages.com
Case
Keim Against Germany: No Right to Information Law in
Bavaria:
https://t.co/krZaa1Jyok
http://wkeim.bplaced.net/files/enforce_access_to_information.html
