1. In not less than ten sentences, explain the following: Laws governing Nursing Informatics in the Philippines • Intellectual Property Code - Republic Act No. 8293 or also knows as the intellectual property code of the Philippines. It consist of 7 rights. - Copyright and related right is about your right as the ownership of their work and also prevents others to copy your work and who owes the work and who is credited to owe the right. - Trademarks and Service Marks is more about business, the logo or the mark which a visible sign of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods - Geographic indications is an application of origin to a certain good, it is a sign used on product that have a specific geographical origin and possess qualities or a reputation to that origin, such as the mangoes in the Philippines and also the cheese and wine in Italy. - Industrial Design is any composition of lines or colors or any threedimensional form, whether or not associated with lines or colors: Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft - Layout design of integrated circuits means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufactures - Integrated circuit means a product in its final form or an intermediate form. - Patent or right to Patent belongs to the inventor, his heirs, or assigns. When two or more person have jointly made an invention, the right to a patent shall belong to them jointly. If two or more person have made a invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. - Protection of undisclosed information also known as the Trade secret, It protects and keeps the business information safe and secure without disclosing it to the public and it also creates a competitive environment for our economy. • Copyright Law - Under the Republic Act No. 8293 Section 176. - In this law, it prevents everyone from copying the original work that are made by the original author. It is now required to seek for an approval to copy the work of others like their speeches, lectures, and research as along as you use the proper citation for them to know that it is not your work and you only used it for research purpose. As for the ownership if a work is created by an author in the course of his employment, the copy right shall belong to the employee of the creating of the object of copyright is not a part of his regular duties even If the employees uses the time, facilities and materials of the employer. On the other hand, the copy right shall belong to the employer if the work is the result of the performance of his regularlyassigned duties, unless there is an agreement, express or implied, to the contrary. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who is commissioned the work shall have the ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary. When in comes to anonymous and pseudonymous work, the publisher shall be deemed to represent the authors of articles and other writing published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to the author’s identify, or If the author of the anonymous works disclose his identity. - For transfer or assignment of copyright. The right of Assignee. The copyright may be assigned in the whole or in part. Withing the scope of the assignment, the assignee is entitled to all the right and remedies which is the assignor had the respect to the copyright. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention. • Electronic Commerce Act - The utilization of electronic, optical and similar medium to facilitate domestic and international dealings, transaction, arrangement, agreement, contracts and exchange and storage of information. - Sphere of Application is an act that shall apply to any kind of data message and electronic document used in the context or commercial and non-commercial activities to include domestic and international dealings, transaction, arrangement, agreement contracts and exchanges and storage of information. - Until the supreme court by appropriate rules shall have so provided, electronic documents, electronic data message and electronic signatures shall be authenticated by demonstrating, substantiating and validating a claimed identity of a use, device, or another entity is an information or communication system, among other ways • Anti-wiretapping Act - Republic Act No. 4200 or known as the “anti-wiretapping act”. - it prohibits the unauthorized interception or recording of any private communication or spoken word. Wiretapping refers to the intentional and unauthorized interception, monitoring, or recording of private communications without the consent of all the parties involved. Wiretapping may be authorized by a court order for law enforcement purpose, such as criminal investigation, however, strict procedure must be followed, and any deviation could lead to legal consequence. Violating the anti-wiretapping act in the Philippines can lead to imprisonment of not less than six month or more than six years and/or a fine, depending on the nature and extent of the violation. • Cyber Crime Act - Republic Act No. 10175 or also known as the Cybercrime Prevention Act of 2012. - Illegal access or the acces to the whole or any part of a computer system without right. Illegal interception or the interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer data. Data Interference or any intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses • Data Privacy Act - Republic Act No. 10173 or also known as the Data Privacy Act is a a law that seeks to protect all forms of information, be it private, personal or sensitive, It is meant to cover both natural and juridical persons involved in the processing of personal information. - To administer and implement the provision of this Act, and to monitor and ensure compliance of the country with international standards set for data protection, there is hereby created an independent body to be known as the National Privacy commission. • Patient’s Bill of Rights 1. Right to appropriate medical care and human treatments - Every person has a right to health and medical care corresponding to his state of health, without any discrimination and within the limits of the resources, manpower and competence available for health and medical care at the relevant time. 2. Right to informed consent - The patient has a right to a clear, truthful and substantial explanation, in a manner and language understandable to the patient, of all purposed procedure, whether diagnostic, preventive, curative, rehabilitative or therapeutic, wherein the person who will perform the said procedure hall provide his name and credential to the patient, possibilities of any risk of mortality or serious side effects, problems related to recuperation, and probability of success and reasonable risk. 3. Right to privacy and confidentiality - The privacy of the patients must be assured at all stages of his treatment. The patient has the right to be free from unwarranted public exposure 4. Right to information - In the course of his/her treatment and hospital care, the patient or his/her legal guardian has a right to be informed of the result of the evaluation of the nature and extent of his/her disease, any other additional or further contemplated medical treatment on surgical procedure or procedures, including any other additional medicines to be administered and their generic counterpart including the possible complications and other pertinent facts, statistics or studies, regarding his/her illness, any change in the plan of care before the change is made, the person's participation in the plan of care and necessary changes before its implementation, the extent to which payment maybe expected from Philhealth or any payor and any charges for which the patient maybe liable, the disciplines of health care practitioners who will fumish the care and the frequency of services that are proposed to be furnished 5. The right to choose health care provider and facility - The patient is free to choose the health care provider to serve him as well as the facility except when he is under the care of a service facility or when public health and safety so demands or when the patient expressly waives this right in writing. 6. Right to self-determination - The patient has the right to avail himself/herself of any recommended diagnostic and treatment procedures.Any person of legal age and of sound mind may make an advance written directive for physicians to administer terminal care when he/she suffers from the terminal phase of a terminal illness 7. Right to religious belief - The patient has the right to refuse medical treatment or procedures which may be contrary to his religious beliefs, subject to the limitations 8. Right to medical record - The patient is entitled to a summary of his medical history and condition.He has the right to view the contents of his medical records, except psychiatric notes and other incriminatory information obtained about third parties, with the attending physician explaining contents thereof 9. Right to leave - No patient shall be detained against his/her will in any health care institution on the sole basis of his failure to fully settle his financial obligations. However, he/she shall only be allowed to leave the hospital provided appropriate arrangements have been made to settle the unpaid bills 10. Right to refuse participation in Medical research - The patient has the right to be advised if the health care provider plans to involve him in medical research, including but not limited to human experimentation which may be performed only with the written informed consent of the patient 11. Right to correspondence and to receive visitors - The patient has the right to communicate with relatives and other persons and to receive visitors subject to reasonable limits prescribed by the rules and regulations of the health care institution. 12. Right to express grievance - The patient has the right to express complaints and grievances about the care and services received without fear of discrimination or reprisal and to know about the disposition of such complaints. 13. Right to be informed of his Right and obligations as a Patient - Every person has the right to be informed of his rights and obligations as a patient.The Department of Health,in coordination with heath care providers, professional and civic groups, the media, health insurance corporations, people's organizations,local government organizations, shall launch and sustain a nationwide information and education campaign to make known to people their rights as patients, as declared in this Act Such rights and obligations of patients shall be posted in a bulletin board conspicuously placed in a health care institution. 2. What is the difference among the three? • Patent - Patent is the personal things that they already owned that will be given to the heir or if two persons owes the invention, the person who signed the paper will be the one with ownership • Trademark - Trademark is found in business that will let us know if what is the name of the business. It is what keeps them unique from the others • Copyright - A right where you as an author will have the power to have an ownership to the certain paper and the people cannot copy it unless they will cite your name properly. 3. What is Data Privacy Act? Republic Act No. 10173 or also known as the Data Privacy Act is a a law that seeks to protect all forms of information, be it private, personal or sensitive, It is meant to cover both natural and juridical persons involved in the processing of personal information. 4. What is the National Privacy Commission (NPC)? - The right to privacy, which includes information privacy, is constitutionally protected and accorded recognition independent of its identification with liberty. a. What is its mandate? - Administer and implement the Act, and to monitor and ensure compliance of the country with international standards set for personal data protection. b. What are the requirements for the compliance to NPC - Privacy sweep: The commission shall review a PICs or PIPs compliance with respect to it obligation under the DPA, and its related issuance based on publicly available or accessible information - Document Submission: The commission may require the submission of documents and additional information from a PIC or PIP that has undergone a privacy sweep. - On-site Visit: The commission may subject a PIC or PIP to an on-site visit if there are persistent or substantial findings of non-compliance with the obligation indicated in the DPA and its related issuance 5. Cite at least three data breaches in the Philippines in the recent 5 years and describe/explain 1. Philippines COMELEC data breach a) The NPC said the commission on election and software provider smart matic where not liable of violating the Data Privacy Act, in connection with a server breach that gripped the electronic voting firm in the run-up to the 2022 elections. b) The NPC dismissed the complain against the comelec and smartmatic in a decision dated September 22,2022 but the comelec said it was only notified about the decision on Tuesday, January 17. 2. Over 1m records from NBI, PNP, other agencies leaked in massive data breach a) A staggering 1,279,437 records belonging to law enforcement agencies, including sensitive police employee information, gave been compromised in an unprecedented data breach, as revealed by a report from the leading cybersecurity research company VPNmentor on Tuesday. b) The massive data hack, which exposed 817.54 GB of both applicant and employee records under miltuple state agencies, including the PNP, NBI, BIR, and SAF has put the personal information of millions of Filipino at risk. 3. NPC investigates Gcash Data Breach a) The NPC announce that on may 13th 2023 that it is investigating a potential personal data breach involving compromised accounts of the mobile application, GCash. In particular, the NPC noted that the glitch that occurred, on 10 May 2023, temporarily halted GCash app operations. Moreover, the NPC highlighted that the NPC's Complaints and Investigation Division has been monitoring the incident since 9 May 2023, following reports of suspicious transactions on GCash accounts, to determine the extent of the breach and any violations of the Data Privacy Act of 2012 (Republic Act No. 10173). 6. Cite 10 Rules in Netiquette. 1. Make real people a priority 2. Use respectful language 3. Share with discretion 4. Don’t exclude others 5. Choose friend wisely 6. Respect people’s privacy 7. Fact check before reposting 8. Don’t spam 9. Respond to emails and text promptly 10. Update online information 11. 7. Based on the (Philippines) Department of Health, what are the Patient’s Bill of Rights? Describe in five sentences each. 1. Right to informed consent a) The medical staff should inform the patient on whatever they will do any procedure to the patient, especially when it comes to invasive procedure like, NGT, Medicine administration, and also some other invasive procedure. In emergency cases, when the patient is expected to be expired, the nurses or medical allies will ask the patient if they want to revive the patient or acquire a DNR. The Nurses or medical allies can ask for a consent the the family and only limited to their Spouse, Son/daughter with legal age, either parents, brother or sister of legal age or guardian. 2. Right to Privacy and Confidentiality a) The nurses and other medical ally should now breach any information regarding the patient’s medical condition because it can cause a serious damage to them. It can lessen their confident if people knows about their medical condition and the nurse should not share it to other nurses that are not giving care to that specific patient because it is not ethically right. 3. Right to information a) Giving the best education to the patients can help them to lessen the risk of acquiring the other health complication after discharge due to the fact that you have given them the right education. Telling the patient the procedure can also help them to be mentally ready when the procedure is being done and also prevents them to feel scared because they know what will be done to them. 4. Right to Leave a) If the patient ask to leave the hospital premises, the nurses should check first if there is still a medical bill that hasn’t been settled and tell the patient that they need to settle the bill before leaving the hospital premises, however if the patient already settled the bill, the nurse should check the doctor’s order if there is a sudden change and inform the patient if there are any. If the patient ask the nurse that they need to leave, the nurse should inform the attending physician before letting the patient leave the premises. 5. Right to religious belief a) The patient has the right to refuse any medical treatment that may be contrary to his religious belief such as getting a blood transfusion like the Jehovah’s witness which do not accept any blood transfusion or blood product based on biblical reading.
