9 November 2024 – Mr Kaewsan Atiphothi, independent academic vice-president of Thammasat University Published an article titled “NACC dead end in the 14th floor case???” in a question-and-answer format. The content is as follows:
Medical records in the case
Question: How will it be proved in class 14 case? Authorities helped prevent Thaksin from being jailed. Only, the testimony of witnesses who visited Then he confirmed to the NACC that he was not in a bad condition at all. Is this not enough to prosecute?
Answer: It is not enough. And given the nature of the case, even if the NACC is confident that Thaksin is not sick We need to further confirm who helped, which doctor, and how much correctional service. Is he connected to the minister? All this, if they are asked to explain and they don’t come, or tell, or don’t give real health information. It will not yet be possible to bring the case to the point where charges can be laid.
Ask for all medical records in the case. it is a record of various investigations Both at the level of referral, admission, and medical treatment records showing how the patient has progressed in the last 6 months, what the medications used, how to treat them, and the extent of the illness assessed from the information? Is all this important in the case?
Answer: The most important It has a definite effect on the situation of helping When did you get it? You can rely on him to make an instant decision. Are you sick or not? Is it really bad to the point that we can’t go back to prison? If a definite decision can be made here, the way will be clear so that everyone involved will surely argue about it.
Ask: I saw the news saying the NACC has requested medical records from the police hospital three times and they have not been received till today, the NACC has also informed the police chief and the Prime Minister that the hospital is going against their orders. But everything is still at a standstill. Does this mean that the NACC has reached a dead end?
Answer: These groups are trying to pass the national health law. Medical records will only be released if the patient consents, Thaksin said. Next to Thaksin’s daughter who became Prime Minister, when she received a call from the NACC, she gave a loud interview, accepting the law as well. Everything must be in accordance with the law. The case was then shelved as it was treated as a legal problem to this day.
Presenting legal problems
Question: What rights does this person have to health information? Is it a fundamental right so absolute that state power cannot invade it?
Answer: I think the government agency interpreted it wrongly because of the Personal Data Act. It is clearly stated that personal information is not confidential to the authority to request information according to various laws.
When it comes down to this level 14 case, the NACC has the authority under Section 30(4) of the NACC Act to request medical records from the police hospital. Powers clearly set out under various specific laws Can be used to order disclosure of health information.
“Section 7 Personal health information A person must not disclose in a way that could damage that person. if the disclosure is not in accordance with the wishes of that person directly Or there is a specific law that requires disclosure…”
Question: So why are people responsible in government agencies Even if they refused to send it to the NACC, at the time the Minister of Justice, Pol. He has refused to answer questions in the House of Representatives once.
Answer: In Section 7, there is an exemption provision at the end as well. some legal authority Cannot be used to request health information. As the suffix I have expressed shows as follows:
“Section 7 Personal health information No person shall disclose it in a way that may cause damage to that person. if the disclosure is not according to the wishes of that person directly Or is there a specific law that requires disclosure? But in no case should a person rely on the power or right under the law of government information or other laws to request documents regarding the health information of a person that they do not have. “
The provisions in the exception section refer to the word “other laws” which the Ministry of Justice and the Police Hospital confirm means all laws. Thaksin’s right to health information has become absolute. which is a wrong interpretation
Q. How is it not right?
Answer: Well, the law starts as a general principle that health information can be disclosed. When there is a law that requires disclosure Then another series of exemptions was created to determine if there were any laws that could not be used to retrieve information. This is the information law government agencies and other laws The word “other laws” is not all laws. but it must mean “Law similar to the information law” only, you will define and extend the exemptions widely. Until the general principle disappears altogether
Question: What is the law “similar to the law of information”?
Answer: The law guarantees access to that information. There are two types. The first agency has a number of powers and responsibilities with the support of the law, starting from the missions of various courts all the way down to the National Anti-Corruption Commission. These missions must have power in order for them to work.
Neither group has authority. But it is the curiosity of the general public. Whether it’s students, journalists or researchers, we have the Government Information Act to guarantee that you have the right to ask for information Unless there is an exception that is prohibited by law.
“The right to know just because you want to know. ”This is exactly what Section 7 of the Health Act says you can’t ask for health information, so it’s prohibited. But in the future, law may seem like asking for knowledge without authority like this again. It came up with provisions to include “Other Laws” as well. In legal practice, it is known throughout the legal profession that it is written this way. It must be a law similar to the information law only.
Is NACC ending?
Q: When you pretend that you do not understand each other like this? What is the next step for the NACC to take?
Answer: NACC is an independent body according to the constitution. When exercising legal authority, the NACC has requested and provided evidence. The regulatory department is also obliged to comply. If the management team still suspects it was done, they are breaking the law. It is his duty to make the truth clear. If you use your brain to the maximum and you still don’t understand. The Council of State must be consulted for a final decision. You can’t hide behind the enemy and act like you don’t know anything like today.
Question: NACC will request a warrant to send officers to examine medical records at the police hospital. Along with a statement of costs The director of the hospital said he complied with orders and accused the police chief and the prime minister of neglecting their duties by not ordering the agencies to comply with the law. follow up. Can you go on like this? As for who defines right or wrong, let it be discussed in court.
Answer: All of them are legal entities as well. NACC uses channels to notify commanders to issue orders first, which is correct. If you still do nothing as of today Politically, the opposition will have to submit a motion of no confidence in the Prime Minister Legally, the NACC can act immediately.
Ask “Future Forward.” He steps on Pheu Thai’s toes. Drinking rice water, laughing, swallowing belly, scratching ticks, sleeping under the house like today. So what can we hope for? As for the Prime Minister, we will allow our children to use their power to order the group to send important evidence. NACC to punish the father Until the father had to go back to prison?
Answer: “Principal” setting is like a mask. Anyone who is the Prime Minister must act according to his authority and duties. Not following the father-son relationship If you can’t do it because you can’t do it, you have to resign. If you haven’t done it yet and don’t quit. In the end, he has to go to prison with his father. This story does not help. Madame will take it no matter what. Waste of time people
2024-11-09 07:50:00
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