DH and HA follow up on suspected case of unauthorised access to patients' medical records by doctor undergoing specialty training while conducting clinical research
The Department of Health (DH) and the Hospital Authority (HA) announced today (April 21) that a doctor deployed from the HA to the DH for specialty training was suspected of accessing medical records of patients without authorisation while conducting clinical research. The patients concerned were not under the doctor's direct care.
The DH previously received an enquiry from a member of the public regarding access to electronic health records (eHRs) and launched an investigation. The DH found that, in March this year, a doctor undergoing specialty training accessed the medical records of patients not under the doctor's direct care without authorisation through the clinical information management system of the Social Hygiene Clinics and eHealth system, involving a total of 47 patients.
The doctor in question has been deployed to the DH's Social Hygiene Service since 2023, where the doctor undergoes regular training on a weekly basis, participates in clinical service and provides medical consultations to patients.
According to individual specialty College's requirements, doctors under specialty training are required to participate in research projects as part of their specialty training. It is understood that the doctor in question was conducting a clinical research project that had been approved by the HA's Institutional Review Board. The scope of the approval was limited to patients' records from public hospitals and did not cover the DH's patient records. The doctor accessed the relevant records without obtaining separate authorisation from the DH.
In response to the incident, the DH has immediately suspended the doctor's training and referred to the Police for follow up. The DH has also reported the case to the Office of the Privacy Commissioner for Personal Data, the Commissioner for Electronic Health Record and the HA, which employed the doctor. The DH is currently notifying the affected individuals.
According to the DH's internal guidelines, healthcare personnel must protect patient privacy and comply with the relevant laws and regulations when accessing patients' medical records. When accessing eHealth data, they must also comply with the Electronic Health System Ordinance (Cap. 625) and the relevant code of practice. Healthcare personnel must obtain prior consent from the patients and adhere to the principles of "Need to Know" and "Patient Under Care" before accessing patients' medical records through any of the DH's clinical information management systems or eHealth system. At the system level, all activities on access to eHRs stored in the eHealth system are logged for later audit and prevention of abuse.
The HA earlier received the DH's notification and learned that the DH had reported the incident to law enforcement and regulatory authorities. The HA will fully co-operate with the investigation.
"The HA believes that although this is an isolated incident related to clinical research, the procedure was inappropriate. The HA will take this matter seriously and strengthen staff training on the precautions they should take when using patient data for clinical research," an HA spokesman said.
Both the DH and the HA reiterated that they attach great importance to protecting patient privacy. There are established mechanisms to regulate staff conduct and discipline.
Source: AI-found images
Response by LegCo President and two Chief Coordinators of LegCo on Chief Executive's announcement on work arrangement regarding Hong Kong's first five-year plan
The following is issued on behalf of the Legislative Council Secretariat:
The following is the response by the President of the Legislative Council (LegCo), Dr Starry Lee, and the two Chief Coordinators of LegCo on the Chief Executive's (CE) announcement this morning (April 21):
The Government of the Hong Kong Special Administrative Region (HKSAR) is formulating Hong Kong's first five-year plan to proactively align with the National 15th Five-Year Plan. Under the executive-led system, a collaborative research and public opinion gathering mechanism between the Government and the LegCo (the collaboration mechanism) has been established. The CE further announced this morning that the Government aims to release a public consultation document for the five-year plan within this quarter of the year to gather public views. The LegCo fully supports the relevant work of the CE and the HKSAR Government in completing and promulgating the official document for the five-year plan within this year.
Under the collaboration mechanism, the executive and legislative authorities have fostered more positive interactions, complementing each other and strengthening their partnership. The LegCo has fully mobilised Members and established multiple groups based on respective constituencies, professional expertise and experience to conduct thematic research and analysis while gathering views from various sectors. This aims to complement and support the HKSAR Government in formulating the five-year plan for Hong Kong, clearly outlining the development goals, strategies and roadmap for the next five years in areas of economy, society, people's livelihood, and more.
Hong Kong's five-year plan is of profound significance and closely related to the well-being of all citizens. As an integral part of the HKSAR's governing team and the most important platform for gathering public views in Hong Kong, the LegCo is duty bound to fully support the HKSAR Government in formulating the five-year plan. The House Committee has established the Subcommittee on Hong Kong's Work to Actively Dovetail with the National 15th Five-Year Plan, and the Panel on Development has established the Subcommittee on Matters Relating to the Development of the Northern Metropolis. Members will proactively reach out to all sectors of society, inviting stakeholders including experts, industry representatives and civil organisations to participate in this process and build a broad consensus, so as to offer constructive advice to the Government and serve as its steadfast partner.
As the Director of the Hong Kong and Macao Affairs Office of the State Council, Mr Xia Baolong, said earlier, it is highly significant for the HKSAR Government to formulate Hong Kong's five-year plan, and the Northern Metropolis (NM) should be highlighted as a key focus. LegCo Members visited the NM twice in the past month to keep abreast of the latest developments. This would help Members provide the Government with more targeted and precise advice. The LegCo will continue to gain first-hand understanding of other developments in the NM in future site visits.
Together with the two Chief Coordinators (Mr Chan Chun-ying and Mr Stanley Ng) and all other Members of LegCo, I will continue to support the HKSAR Government to complete Hong Kong's first five-year plan at the earliest opportunity. Through positive interactions between the executive and legislative authorities, this blueprint sets out the direction for Hong Kong's future development, which can effectively align with the National 15th Five-Year Plan and help Hong Kong better integrate into and serve the national development.
