I’m asking a health start-up to delete my data. They referred me to this law saying they can’t delete my data. Is this legal?

[User_b9697428]

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User_b9697428
PARTICIPANT
February 8, 2025 at 3:44 pm

“We would like to inform you that as per the Indian Medical Counselling we are not authorised to delete the customer/ patient details from the database. It is important to preserve all medical records till the lifetime.

Aside, we request you to find the attachment for your reference and request you check page no 22 for the same.”

ELECTRONIC HEALTH RECORD (2016) page 22.

So tech companies can refuse to delete your personal data under this standard? Is this the right interpretation?

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[User_5bff31c5]

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User_5bff31c5
PARTICIPANT
February 8, 2025 at 3:54 pm

NAL. EHR data in many countries cannot be altered or deleted. Most EHR solutions I know do not have data residency in India. There is a chance the startup is using such a service which does not allow deletion based on the local law.

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[User_b9697428]

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User_b9697428
OP
February 8, 2025 at 4:47 pm

So what happens to the data if the startup goes bankrupt? Who owns, maintains and secures it?

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[User_778cc350]

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User_778cc350
PARTICIPANT
February 8, 2025 at 4:58 pm

The is a right to be forgotten but it is under specific circumstances. You need to prove that your data serves no legitimate interest – https://www.drishtiias.com/daily-updates/daily-news-analysis/right-to-be-forgotten-7

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[User_778cc350]

U

User_778cc350
PARTICIPANT
February 8, 2025 at 5:01 pm

Here is an interesting case, though not directly related, you can make tangentially similar arguments – https://www.lexology.com/library/detail.aspx?g=a51609a9-285b-45d7-bf6d-69a64b64efa6

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[Calmsatish3857]

C

Calmsatish3857
PARTICIPANT
February 8, 2025 at 7:19 pm

NAL

afaik, there’s no Indian medical council. There is a National Medical Council(NMC), Indian Medical Association(IMA) and the medical associationsnof the states.

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[Luckyvimal1501]

L

Luckyvimal1501
PARTICIPANT
February 9, 2025 at 5:29 am

EMR has to maintained for minimum 10 years. Its just like physical hospital records. Its the law. So they won’t delete it just because you asked. Its a valid document which may be requested by INSURANCE, GOVERNMENT or other HOSPITALS

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