Legal Issues in the Transition to Electronic Records in Health Care
In today’s digital society, ongoing concerns about the privacy and security of personal data are ever increasing, especially in health care. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing possible security breaches increase. In this paper, we focus on identifying the general rules and the regulations that are currently in place to protect the privacy and security of medical data, and more specifically information contained in electronic health records (EHR). This review is particularly important since EHRs are expected to become nationally adopted in the US by the next decade and are already underway in many European countries. Based on this legal overview, unresolved challenges are identified.
KeywordsEuropean Union Electronic Health Record Personal Privacy United States Supreme Jersey Institute
Unable to display preview. Download preview PDF.
- 1.Gerberry, R.A., Legal Ramifications of the Formation of Digital Hospitals. The Health Law, 2002. p. 152.Google Scholar
- 2.Dunlop, L., Electronic Health Records: Interoperability Challenges Patients’ Right to Privacy Shidler Journal of Law, Commerce+Technology, 2007. 16(3).Google Scholar
- 3.Clarkson, K., et al., West’s Business Law. Vol. 10th edition. 2006: West Legal Studies.Google Scholar
- 4.DiMatteo, L.A. and L.J. Dhooge, International business law: a transactional approach. 2006: Thomson West, Mason, OH.Google Scholar
- 5.Ruben Carnero v. Boston Scientific Corporation. 2006, The United States District Court for The District of Massachusetts.Google Scholar
- 6.EU, Regulation (Ec) No 864/2007 of The European Parliament and of The Council. 2007, Official Journal of the European Union: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_199/l_19920070731en00400049.pdf .
- 7.Lohr, S., Most Doctors Aren’t Using Electronic Health Records, in The New York Times. 2008: NYGoogle Scholar