Advertisement

New Technologies, Telemedicine, eHealth, Data...What Are You Talking About? The Lawyer’s Point of View

  • Lina Williatte-PellitteriEmail author
Chapter
Part of the Health Informatics book series (HI)

Abstract

Today, it is undeniable that new information and communication technologies have been widely introduced in hospitals and clinics as well as in medical practices. The doctor, who is then connected, is vigorously accompanied on a daily basis by his patient, sometimes asking for a 24-hour medical surveillance.

References

  1. 1.
    Gallois F, Rauly A. Telemedicine and comparison of health systems: methodological issues. In: Colloquium international research & regulation 2015, 10–12 June 2015, Paris.Google Scholar
  2. 2.
    Crigger BJ, Policy & Politics. e-Medicine: policy to shape the future of health care. Hastings Center Rep. 2006;36:12–3.CrossRefGoogle Scholar
  3. 3.
    Chandra A, Pettry CE Jr, Paul DP. Telemedicine from a macromarketing viewpoint: a critical evaluation with proposed licensing strategies. In: Government policy and program impacts on technology development, international trade and transfer outlook; 2013, p. 111–136.CrossRefGoogle Scholar
  4. 4.
    Kerleau M, Pelletier-Fleury N. Restructuring of the healthcare system and the dissemination of telemedicine. Eur J Health Econ. 2002;3(3):7.CrossRefGoogle Scholar
  5. 5.
    Kirsch G. The business of eHealth. J Med Market Device Diagn Pharmaceut Market. 2002;2(2):106–10.CrossRefGoogle Scholar
  6. 6.
    Simon P. Telemedicine is not e-commerce. Communication from ANTEL in partnership with the National Order of Physicians. 22 Nov 2013.Google Scholar
  7. 7.
    Croels JM. The law of obligations to the test of telemedicine. PU of Aix-Marseille, 2006, p 38, cited by Simon P. Telemedicine ce is not e-commerce, ib.Google Scholar
  8. 8.
    Simon P. Telemedicine is not e-commerce Ib. p. 39.Google Scholar
  9. 9.
    n ° 2010-1229 JORF n ° 0245 of October 21st, 2010.Google Scholar
  10. 10.
    This is the case for example in Germany: in http://www.science-germany.com: e-health in Germany.
  11. 11.
    who can be a CPOM: multi-year contract of objectives and means: signed between the director of a health facility and the Authority Local Health Authority or a CAQCS: Contract for Quality Improvement and Care Coordination concludes between the project sponsor and health insurance.Google Scholar
  12. 12.
    In this case, the Regional Health Agency.Google Scholar
  13. 13.
    Mainly, civil liability to compensate for harm suffered by the patient due to non-compliance with the standard or liability ordinal for the health professional, offender.Google Scholar
  14. 14.
    The purpose of this law has been to create a legal framework to ensure the free movement of information society services.Google Scholar
  15. 15.
    Law No. 78-17.Google Scholar
  16. 16.
    Law No. 2004-801.Google Scholar
  17. 17.
    Directive 95/46 / EC on the protection of personal data.Google Scholar
  18. 18.
    Charter of Fundamental Rights of the European Union 18/12/2000. OJ of the European Communities C 364/1.Google Scholar
  19. 19.
    Treaty on European Union and Treaty on the Functioning of the European Union which adopted the Treaty of Lisbon signed on 13 December 2007 published in the Official Journal n ° C326 of 26/10/2012, p.0001–0390.Google Scholar
  20. 20.
    No. 2016/679. JOUE n ° L119 of May 4th, 2016, p.1. This directly applicable regulation in the Member States’ internal legislation repeals the Directive 95/46 / EC as obsolete.Google Scholar
  21. 21.
    Cons. Const. Jan. 18, 1995, No. 95-352 DC. OJ 21 Jan. 1995.Google Scholar
  22. 22.
    GPDR: (European) General Data Protection Regulation.Google Scholar
  23. 23.
    Mandatory as of May 2018.Google Scholar
  24. 24.
    Paragraph 3 of Article 17 of the GPDR specifically provides that the right of erasure does not apply if the processing is necessary. The exercise of the right to freedom of expression and information, (b) to fulfill a legal obligation which requires the treatment provided for in Union law or by the law of the Member State to which the controller is subject, or to perform a public-interest mission. The exercise of public authority of the controller, (c) for reasons of public interest in the field, (d) for archival purposes in the public interest (...), (e) the recognition, exercise, or defense of rights in justice.Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Lille University, French Telehealth SocietyParisFrance

Personalised recommendations