Distance medical care services and the Data Protection Law obligations

On February 6, 2019, the Federal Council of Medicine published Resolution No. 2,227/2018, which allows for the use of technology and remote means of communication for the purposes of assistance, consultation, education, research, prevention of diseases and injuries and health promotion.

The doctor-patient relationship covers teleconsultation, teleinterconsultation, telediagnostics, telesurgeries, teleconferences, telescreenings, telemonitoring or telesurveillance, telecounselling and teleconsulting, and must comply with strong digital security protocols so that the integrity of the users’ data in the information systems is ensured.

Companies that provide telemedical services must comply with the requirements of the specific legislation of the area, as well as that applicable to the collection and storage of data. In addition, companies and practitioners must have a specific registry for this practice, being subject to the supervision of its remote medical care and distance communication procedures, as well as the way of collecting, storing and using data obtained from patients.

Our Public and Regulatory Law and Mergers and Acquisitions practices, which comprise the Life Sciences and the Privacy and Cybersecurity Groups, continue to follow the legislative evolution of the matter and are available to provide any further assistance related to the subject.