Post by account_disabled on Mar 4, 2024 22:54:53 GMT -6
Providing this information would not violate the Code of Ethics, although the scope of action of the AEPD is not clear.
Lawyers address, in their daily dealings with clients, very complex situations. The problems that underlie many of the procedures that are settled in court can have important psychological consequences for those affected. If an extreme situation is reached, the client may convey certain feelings to the lawyer that may make the professional think that his or her physical integrity may be in certain danger . Could communicating it to third parties who can help or assist the client constitute a violation of the law or the Code of Ethics?
Doubt recently assailed lawyer Ramón Alexandre Salvat. He had Fax Lists to notify a client with serious mental health problems that the appeal had been dismissed in which they requested the revocation of a ruling that rejected the claim for recognition of a total permanent disability. “The client took it frankly badly and made references in his subsequent email to his emotional state, which included tanatic and self-lytic thoughts .” At that moment, the lawyer called the suicide hotline, 024, where they urged him to report the facts to the emergency service.
At that time, it was asked to what extent information about a client's health status, known thanks to the judicial procedure in which he is working, can be given to the emergency services. The Ethics Commission explained that the scope of professional secrecy "does not seem logical that it covers intentions such as those expressed (...) so these intentions would not fall within the scope of reserved information , it does not affect their defense." They recommended speaking first with the client herself and then with those closest to her, such as her family. However, they acknowledged that “ in terms of data protection they could not give an answer .”
Article 6 of the General Data Protection Regulation establishes, among the cases for the processing of personal data to be lawful, this is necessary to protect the vital interests of the interested party or another natural person. However, this can be subject to interpretation. The lawyer recognizes that, in principle, everything seems quite clear: the right to life prevails . But it is true, he adds, that there may be an error of judgment and that the person is not really at risk of life. Salvat Seoane intends to work from the Barcelona Bar Association to implement a client suicide prevention protocol.
Economist & Jurist has consulted the Spanish Data Protection Agency what position it would adopt in the event that a lawyer communicates and provides personal data to the emergency services about a client who, it considers, may be at risk of suicide. The Agency has responded that " we cannot initially rule on cases that may be the subject of analysis if the Agency receives a claim related to the same facts."
Lawyers address, in their daily dealings with clients, very complex situations. The problems that underlie many of the procedures that are settled in court can have important psychological consequences for those affected. If an extreme situation is reached, the client may convey certain feelings to the lawyer that may make the professional think that his or her physical integrity may be in certain danger . Could communicating it to third parties who can help or assist the client constitute a violation of the law or the Code of Ethics?
Doubt recently assailed lawyer Ramón Alexandre Salvat. He had Fax Lists to notify a client with serious mental health problems that the appeal had been dismissed in which they requested the revocation of a ruling that rejected the claim for recognition of a total permanent disability. “The client took it frankly badly and made references in his subsequent email to his emotional state, which included tanatic and self-lytic thoughts .” At that moment, the lawyer called the suicide hotline, 024, where they urged him to report the facts to the emergency service.
At that time, it was asked to what extent information about a client's health status, known thanks to the judicial procedure in which he is working, can be given to the emergency services. The Ethics Commission explained that the scope of professional secrecy "does not seem logical that it covers intentions such as those expressed (...) so these intentions would not fall within the scope of reserved information , it does not affect their defense." They recommended speaking first with the client herself and then with those closest to her, such as her family. However, they acknowledged that “ in terms of data protection they could not give an answer .”
Article 6 of the General Data Protection Regulation establishes, among the cases for the processing of personal data to be lawful, this is necessary to protect the vital interests of the interested party or another natural person. However, this can be subject to interpretation. The lawyer recognizes that, in principle, everything seems quite clear: the right to life prevails . But it is true, he adds, that there may be an error of judgment and that the person is not really at risk of life. Salvat Seoane intends to work from the Barcelona Bar Association to implement a client suicide prevention protocol.
Economist & Jurist has consulted the Spanish Data Protection Agency what position it would adopt in the event that a lawyer communicates and provides personal data to the emergency services about a client who, it considers, may be at risk of suicide. The Agency has responded that " we cannot initially rule on cases that may be the subject of analysis if the Agency receives a claim related to the same facts."