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Developing a legal framework to ensure the confidentiality of the electronic health record

Posted on:2007-03-27Degree:LL.MType:Thesis
University:Queen's University (Canada)Candidate:Florent, Marie Nicole PaulineFull Text:PDF
GTID:2448390005966456Subject:Law
Abstract/Summary:
This thesis examines the risks that the electronic health record poses to Ontarians' personal privacy, with concomitant reduced potential for life opportunities pertaining to education, work/career, personal/social relationships and/or existing legal rights. The objective of the thesis is to determine whether the twin concepts of the rapidly-moving shift from the traditional paper system to the electronic format, and the latter's increased availability through the Government of Ontario's stated aim to regionalize, provincialize or nationalize health records are sufficiently protected by the policies/procedures within the health sector, electronic technology in general and the current legal framework.; This thesis examines and evaluates the health care environment, its technology and the potentially excessive risks that the electronic health record poses to our personal and our health privacy. In doing so, the rapidly-moving shift from the traditional paper system to the electronic format and the increased availability of the electronic record by expansion and interconnectivity across the province are examined.; Patients' consent for the inclusion of some or all of their health information on the electronic record must be redesigned to the more meaningful, opt in approach, and the holus-bolus collection of personal health information for statistical, quality assurance and strategic planning purposes by the various branches and levels of government and other interested parties must be curtailed. The connectivity and availability of the electronic health record should be limited to the local or regional level, in view of the already documented problem situations, numerous technical limitations, and lack of a comprehensive and robust legal framework. The Information Privacy Commission of Ontario, the arm of the Personal Health Information Protection Act, 2004, has the mandate and procedures to monitor and protect health care confidentiality, but the magnitude of the problem greatly exceeds its resources, human and financial.
Keywords/Search Tags:Health, Legal framework, Personal
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