Obrenovac Health Center director: Medical records were not removed from premises

Obrenovac Health Center director Bojan Pesic told Insajder.net that no citizen medical records were removed from the premises of the institution or requested for viewing.

“The law says who’s entitled to access to patients’ medical records. Not even the patient can get the file and the only way to get medical documentation out of the Health Center is if the patient requests its transfer to another medical institution. Even then, the file isn’t given to the patient, it’s officially forwarded to the other chosen health center,” Pesic said.

According to him, per a request from Mei Ta, 50 workers who are to be sent to China for training received medical certificates of health from occupational health doctors based on reviewing their medical records.

Other than that, Pesic said, the Chinese company contacted the health center on only one occasion, with a request for information on the institution’s capacity to provide urgent medical assistance in case of workplace injury.

A reminder: Obrenovac Municipality head Miroslav Cuckovic first made the claim that Mei Ta had analyzed the medical records of 55,000 citizens on the Insajder Without Limits show.

After commissioner for information of public importance and personal data protection Rodoljub Sabic responded by mounting oversight proceedings in Obrenovac, Cuckovic changed his statement, explaining that what he really meant were “files they could potentially analyze if people take them and they want jobs.”

The top man of the Obrenovac local government added that “based on that analysis, they were able to decide whom to hire and whom not to hire.”

These statements indicate violations of the Labor Act, which prohibits direct or indirect discrimination of persons seeking employment and of employed persons based on their health.

The only document an employer may ask for is a work capability certificate for performing certain jobs.

No-one is entitled to ask for a medical file.

Medical Chamber of Serbia director Vesna Jovanovic told Insajder.net that any discrimination based on a patient’s health is unacceptable.

“This is particularly sensitive information and no-one has the right to seek that information without the patient’s consent or a court decision,” Jovanovic said.

Data on citizens’ health falls in the category of particularly sensitive information, which, in addition to protections in the Law on personal data protection, is also covered by special protections prescribed by the Law on patient rights.

Commissioner Sabic told Insajder.net that the ongoing supervision procedure would shed light on what really happened in Obrenovac and whether anyone had unauthorized access to citizens’ medical records.

“I’m still waiting for a statement by Obrenovac Municipality head Miroslav Cuckovic,” said Sabic.

On the other hand, Miroslav Cuckovic’s statements urge the question whether some representatives of the state lack basic knowledge of the country’s laws, or if the problem is rather that they are prepared to ignore those laws in negotiations with foreign investors and even permit someone’s medical history to be a criterion in hiring.

Jelena Jankovic