BMJ - PKI and signinng slight confusion

[Donald Ramsbottom]

SNIPS

>> ...
>> It doesn't seem obvious to me that whoever owns a sheet of paper
>> necessarily owns whatever gets written on it, but separate ownership
>> of a sheet of paper and something that is written on it is also an
>> interesting concept. I hope some legally trained folk will help us
>> out here...
>
>I agree.  It is surely clear from the law suits going on about music
>distribution that intellectual rights exist at a more abstract level than
>the physical media involved.
>
>It is also interesting to see a possible tussle developing between medical
>professionals and their clients on which group might 'own' medical records
>and medical information.  Its not obvious to me that this is easy to resolve
>unless the two groups have come to an agreement covering the basis on which
>the service in question is being provided.
>
>However, it is probably more important to worry about management and control
>rather than ownership per se.

>From a legal perpspective I do not think there is much doubt that the
physical ownership of the paper, data base or whatever rests with the doctor
or NHS trust or whoever created it.

The IPR in creating the record lies with the the same people. You cannot
amend or destroy your records and have no legal interest othr than the
rights conferred by statute which enable you to have copies of the records.

The doctor etc, do have a legal duty  contractually, as well as
professionally and morally to keep those records confidential. This includes
storage and transport by whatever means.

This is different from say a solicitor, who contractually undertakes work on
your behalf and when it is finished, (provided the bill is paid [yes I hear
the groans]), has to hand over the file to the client if requested to do so.
The client can then read the same or use it for toilet paper if they so
wish, (yes very expensive I know, but possibly satisfying, if a little
uncomfortable).

Donald Ramsbottom LL.B, BA (Hons).

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