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[Electronic medical record, confidentiality and safeguarding of privacy].

An electronic patient file is expected to contribute to individual health care, as well as to policy goals. For acceptance by doctors and patients, some conditions have to be fulfilled. Among them is the appropriate specification of the right of the patient to medical secrecy and privacy. Reference is made to new legal requirements (Wet Bescherming Persoonsgegevens (Act on the protection of personal data)), which e.g. regulate when access to personal medical data is lawful, when consent is required and in what form, in addition to a number of other conditions. The current information and communication technology must not be allowed to dictate the possibilities and limitations of legally applicable standards, but the technical implementation of the electronic patient file must be made to suit and assure the legal standards of medical professional secrecy and patient privacy. Otherwise the advantages of an electronic patient file will be out-weighed by patients withholding important information from their physician and by their being less inclined to consent to their data being used for e.g. scientific investigations.

Confidentiality↗

HHS seeks to 'fix' aspects of privacy rule.

While critics of proposed changes to the federal health care privacy rule are most concerned about the elimination of a signed consent, they also say some of the other proposals will seriously undermine patients' right to privacy.

Access to Information↗

[From genetic privacy to the right to genetic data protection. Basic protection of genetic data in Spanish law (regarding SSTC290/2000 and 292/2000, of November 30) (Part I)].

In Rulings 290/2000 and 292/2000, both handed down on 30 November 2000, Spain's Constitutional Court coined, so to speak, a new fundamental right: the right to protection of personal data, which marks the culmination of fundamental legal protection of privacy, private life and personal information. The first part of the article provides a historic and systematic analysis of legislative developments and constitutional case law in these areas, focusing on the right to privacy, so-called informatics freedom and the aforementioned right to protection of personal data.

Genetic Privacy↗

No privacy for all? Serious failings in the HHS medical records regulations.

The Bush administration surprised many by the approval without major revisions of the Clinton administration's HHS medical records regulations, despite heavy lobbying from the health industry. Though these "privacy rules" are supposed to protect patient confidentiality, what has gone unmentioned are the regulations' major lapses that breach informed consent and confidentiality. Recently issued "clarifications" of the regulations reveal that they do not prevent unconsented access to sensitive medical information by marketers, health plans, health care clearinghouses, and law enforcement. These problems with the regulations constitute a serious breach of patient privacy, endangering the doctor-patient relationship and potentially driving up health care costs, and need to be addressed.

Access to Information↗

Privacy on thin ice? Considering the California Court of Appeal decision in Johnson v. Superior Court.

In Johnson v. Superior Court, the California Court of Appeal determined that a provision of a contract limiting the discovery of the identity of a sperm donor was against public policy and that the privacy interest did not protect against disclosure of this information. Although the court's analysis of the public policy exception to the enforcement of contracts was unnecessary, the opinion properly balances California's and petitioners' interests against an anonymous donor's privacy right.

California↗

The impact of privacy regulations on clinical research.

The enactment of the Health Insurance Portability and Accountability Act (HIPAA) has garnered significant attention in the health care sector. This legislation represents a major effort to address patient confidentiality and privacy. In general, HIPAA has three goals: first, to create a framework in which protected health information may flow; second, to make it difficult for this information to escape outside the system, and finally, to give patients more control over their medical records and to inform them about how their medical information is used. The effects of HIPAA will impact virtually every aspect of health care. Pharmaceutical manufacturers and biotechnology companies conducting clinical trials or research involving treatment in a covered entity need to be aware of the additional duties that HIPAA imposes on collaborators. This article offers a brief overview of HIPAA privacy rules and the ways in which HIPAA regulations may create obstacles for clinical research efforts, along with initial observations on how research organizations may limit these obstacles.

Clinical Trials as Topic↗

Preparing the front office staff to carry out HIPAA privacy procedures.

Although training is one way to ensure compliance with new HIPAA privacy rules, awareness is only the first step in preparing front office staff for implementing procedures related to the new rules. Role-based training is required to empower staff to carry out specific HIPAA privacy procedures. Each procedure offers options for training content, and the use of training tools with actual script is recommended as one method to clearly define expectations of staff when applying the procedures.

Health Insurance Portability and Accountability Ac↗

Privacy issues in second stage genomics.

Research that identifies genes useful in the prevention and treatment of disease will require access to biologic samples and medical records protected by traditional notions of privacy and confidentiality. Resolving conflicts between privacy and genomic research will require articulating the ethical rules that should govern such practices and then implementing those rules in the national, regional, or local health systems in which the data of interest exists. As consensus develops about the ethical rules that should govern such research, attention will shift to the practical and political problems of installing and implementing those rules in the agencies and institutions where such research will occur.

Advisory Committees↗

Strategies to enhance privacy and dignity in care of older people.

Respecting and enabling an individual's right to privacy and dignity is an essential part of professional practice. Older people and their supporters face many challenges as part of the ageing process. The key role of nurses is to ensure that, as part of their therapeutic care, people can expect freedom from intrusion and be regarded as worthy of respect. This paper outlines some strategies that enable privacy and dignity to be put into practice.

Aged↗

Benchmarking patient privacy to improve essence of care.

Concerned about the privacy offered to patients at a large teaching hospital in the west Midlands, staff established a multidisciplinary group to benchmark privacy and dignity. They have ensured a high standard of care for patients through the benchmarking process. This article details the steps taken by the group and illustrates how Essence of core has successfully provided a framework to support quality improvements.

Benchmarking↗

Securing your PC and protecting your privacy.

Working in a networked information environment brings new opportunities for getting and sharing information. Regrettably, these benefits of the Internet are challenged by forces that would interfere to satisfy their own profit or malevolent motives. Your networked computer can be infected by viruses, worms, or Trojan horses or infiltrated by spyware, adware, or pop-ups. Without being aware of the dangers and taking precautionary steps, your PC is susceptible to being compromised and your privacy invaded. This column will highlight some of the dangers and offer basic steps for securing your computer and protecting your privacy.

Computer Security↗

Privacy and intra-familiy communication of genetic information.

The new knowledge (and predictions) created by DNA tests and the family nature of genetic information has already lead to a new problem: the intra-familiar communication of genetic data. This raises questions such as the following. Is there a duty to inform in cases when treatment is possible and the patient does not permit disclosure of genetic results to relatives? Is there an obligation to warn or merely an authorization (that could be used or not)? Could privacy protection be maintain as an individual interest but with some justified violations? A balance needs to be establishes between the interest of privacy and the need to disclose secret information.

Family Relations↗

Privacy and medical information on the Internet.

Health-care consumers are beginning to realize the presence and value of health-care information available on the Internet, but they need to be aware of risks that may be involved. In addition to delivering information, some Web sites collect information. Though not all of the information might be classified as protected health information, consumers need to realize what is collected and how it might be used. Consumers should know a Web site\'s privacy policy before divulging any personal information. Health-care providers have a responsibility to know what information they are collecting and why. Web servers may collect large amounts of visitor information by default, and they should be modified to limit data collection to only what is necessary. Providers need to be cognizant of the many regulations concerning collection and disclosure of information obtained from consumers. Providers should also provide an easily understood privacy policy for users.

Computer Security↗

Balancing in a crisis? Bioterrorism, public health and privacy.

Post-September 11, the government has been rapidly funding public health initiatives to bolster the Nation's ability to respond to bioterrorist attacks. While the infusion of money into the public health system is laudable, the pressure to enact legislation quickly has resulted in laws and policies that ignore privacy and civil liberties and that favor anti-bioterror initiatives over more common public health concerns. A public health agenda that ignores privacy and civil liberties will undermine public trust, leading people to not fully participate in critical public health activities. Our Nation is far more likely to succeed in preventing and responding to a potential act of bioterrorism if we embrace the principle that advancing public health and preserving individual liberties are symbiotic and inextricable.

Bioterrorism↗

A voluntary privacy standard for health services and policy research: legal, ethical and social policy issues in the Canadian context.

In this review, the authors describe how one group of Canadian researchers has begun to address current privacy protection challenges with the end goal of developing a Canadian national standard for privacy protection specific to health services and policy research (HSPR). They provide a concise description of some of the key messages and issues that resulted from a recent series of HSPR workshops and describe some of the workshop outcomes in terms of their legal, ethical and social/policy significance. The review ends with a brief description of some future directions for research and development in this area.

Biomedical Research↗

Privacy protection in HealthGrid: distributing encryption management over the VO.

Grid technologies have proven to be very successful in tackling challenging problems in which data access and processing is a bottleneck. Notwithstanding the benefits that Grid technologies could have in Health applications, privacy leakages of current DataGrid technologies due to the sharing of data in VOs and the use of remote resources, compromise its widespreading. Privacy control for Grid technology has become a key requirement for the adoption of Grids in the Healthcare sector. Encrypted storage of confidential data effectively reduces the risk of disclosure. A self-enforcing scheme for encrypted data storage can be achieved by combining Grid security systems with distributed key management and classical cryptography techniques. Virtual Organizations, as the main unit of user management in Grid, can provide a way to organize key sharing, access control lists and secure encryption management. This paper provides programming models and discusses the value, costs and behavior of such a system implemented on top of one of the latest Grid middlewares. This work is partially funded by the Spanish Ministry of Science and Technology in the frame of the project Investigación y Desarrollo de Servicios GRID: Aplicación a Modelos Cliente-Servidor, Colaborativos y de Alta Productividad, with reference TIC2003-01318.

Databases as Topic↗

Personal privacy versus public accountability: a technological solution to an ethical dilemma.

The tension between personal privacy and public accountability produces one of the major ethical dilemmas facing behavioral health program evaluators and service system researchers. This article discusses the source of this tension and introduces a research methodology that allows program evaluators to fully and equally respect both ethical principles. This methodology uses contemporary computer and statistical technology in conjunction with aggregated, de-identified information derived from existing databases to provide valid and reliable measures of the performance of treatment programs while it protects the personal privacy of individuals.

Codes of Ethics↗

Privacy, public safety, and medical research.

The increasing storage of vast amounts of information on computers and the rapidly increasing size of the databases stored on-line has the population and even many politicians worried about invasion of privacy. This paper examines some possible ways in which privacy may be invaded by the use of medical databases particularly during analysis and publication of results. The current literature is examined to reveal current practices.

Clinical Trials as Topic↗