Audio and panoramic video recording in the operating room: legal and ethical perspectives

2020 ◽  
pp. medethics-2019-106056
Author(s):  
Mauricio Gabrielli ◽  
Luca Valera ◽  
Marcelo Barrientos
Keyword(s):  
Operating Room ◽  
Ethical Issues ◽  
Video Recording ◽  
Legal Framework ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Panoramic Cameras ◽  
Panoramic Video ◽  
General Data ◽  
Legal Understanding

IntroductionThe idea of video recording (VR) in the operating room (OR) with panoramic cameras and microphones is a new concept that is changing the approach to medical activities in the OR. However, VR in the OR has brought up many concerns regarding patient privacy and has highlighted legal and ethical issues that were never previously exposed.AimTo review the literature concerning these aspects and provide a better ethical and legal understanding of the new challenges concerning VR in the OR.ConclusionsThere is a disparity between the two main legal models concerning VR in the OR, namely the European legal system (General Data Protection Regulation (GDPR)) and the American legal framework (Health Insurance Portability and Accountability Act (HIPAA)). This difference mainly deals with two distinct bioethical paradigms: GDPR places a strong emphasis on protecting patients’ privacy to improve the public health system, whereas HIPAA indicates the need to generate protocols to safeguard the risks connected to medical activity and patient privacy. Following from this point, we may argue that, at the ethical and bioethical level, GDPR and HIPAA depend mainly on two different ethical models: a perspective based on moral acquaintances and weak proceduralism, respectively. It is worth noting the importance of developing additional guidelines concerning different world regions to avoid the ethical problems that may emerge when simply applying a foreign paradigm to a very different culture.

scholarly journals Protecting patient privacy in digital health technology: the Dutch m-Health infrastructure of Hartwacht as a learning case

2020 ◽  
Vol 6 (4) ◽  
pp. 170-176
Author(s):  
Eric Wierda ◽  
Sebastiaan Blok ◽  
G Aernout Somsen ◽  
Enno T van der Velde ◽  
Igor I Tulevski ◽  
...  
Keyword(s):  
Digital Health ◽  
Healthcare Delivery ◽  
Healthcare Providers ◽  
Legal Framework ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Explicit Consent ◽  
Practice Of Medicine ◽  
General Data

Innovative ways of healthcare delivery like m-Health, the practice of medicine by mobile devices and wearable devices are the promising new technique that may lead to improvement in quality of care at lower costs. While fully acknowledging the importance of m-Health development, there are challenges on privacy legislation. We address the legal framework, especially the General Data Protection Regulation, applied to m-Health and its implications for m-Health developments in Europe. We discuss how these rules are applied using a representative example of an m-Health programme with remote monitoring in the Netherlands. We consider informing patients about the data processing and obtaining their explicit consent as main responsibilities of healthcare providers introducing m-Health in their practice.

Protecting Genetic Privacy in Biobanking through Data Protection Law

2021 ◽  
Author(s):  
Dara Hallinan
Keyword(s):  
Data Protection ◽  
Critical Infrastructure ◽  
Legal Framework ◽  
Privacy Rights ◽  
Genetic Privacy ◽  
General Data Protection Regulation ◽  
General Data ◽  
Research Biobanks ◽  
The Subject ◽  
Data Protection Law

Biobanks are critical infrastructure for medical research. Biobanks, however, are also the subject of considerable ethical and legal uncertainty. Given that biobanks process large quantities of genomic data, questions have emerged as to how genetic privacy should be protected. What types of genetic privacy rights and rights holders should be protected and to what extent? Since 25 May 2018, the General Data Protection Regulation (GDPR) has applied and now occupies a key position in the European legal framework for the regulation of biobanking. This book takes an in-depth look at the function, problems, and opportunities presented by European data protection law under the GDPR as a framework for the protection of genetic privacy in biobanking. It argues that the substantive framework presented by the GDPR already offers an admirable baseline level of protection for the range of genetic privacy rights engaged by biobanking. The book further contends that while numerous problems with this standard of protection are indeed identifiable, the GDPR offers the flexibility to accommodate solutions to these problems, as well as the procedural mechanisms to realise these solutions.

The ethics of “smart” advertising and regulatory initiatives in the consumer intelligence industry

Info ◽  
2014 ◽  
Vol 16 (3) ◽  
pp. 22-39 ◽  
Author(s):  
Rachel L. Finn ◽  
Kush Wadhwa
Keyword(s):  
Data Protection ◽  
Ethical Issues ◽  
Mobile Media ◽  
Media Environment ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Smart Surveillance ◽  
The Us ◽  
General Data ◽  
Consumer Intelligence

Purpose – This paper aims to study the ethics of “smart” advertising and regulatory initiatives in the consumer intelligence industry. Increasingly, online behavioural advertising strategies, especially in the mobile media environment, are being integrated with other existing and emerging technologies to create new techniques based on “smart” surveillance practices. These “smart” surveillance practices have ethical impacts including identifiability, inequality, a chilling effect, the objectification, exploitation and manipulation of consumers as well as information asymmetries. This article examines three regulatory initiatives – privacy-by-design considerations, the proposed General Data Protection Regulation of the EU and the US Do-Not-Track Online Act of 2013 – that have sought to address the privacy and data protection issues associated with these practices. Design/methodology/approach – The authors performed a critical literature review of academic, grey and journalistic publications surrounding behavioural advertising to identify the capabilities of existing and emerging advertising practices and their potential ethical impacts. This information was used to explore how well-proposed regulatory mechanisms might address current and emerging ethical and privacy issues in the emerging mobile media environment. Findings – The article concludes that all three regulatory initiatives fall short of providing adequate consumer and citizen protection in relation to online behavioural advertising as well as “smart” advertising. Originality/value – The article demonstrates that existing and proposed regulatory initiatives need to be amended to provide adequate citizen protection and describes how a focus on privacy and data protection does not address all of the ethical issues raised.

EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation

2017 ◽  
Author(s):  
Peter Hustinx
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Full Potential ◽  
General Data Protection Regulation ◽  
Gradual Development ◽  
Charter Of Fundamental Rights ◽  
General Data ◽  
Data Protection Law ◽  
The Difference

This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main lines of the proposed General Data Protection Regulation which will replace the Directive in the near future. The analysis shows a gradual development along two lines: one aiming at stronger rights in order to provide more effective protection, and one ensuring more consistent application of those rights across the EU. It also demonstrates the increasing impact of the Charter of Fundamental Rights, both in the case law of the Court of Justice and in the review of the legal framework. At the same time, it is argued that a lack of awareness of the difference in character between Articles 7 and 8 of the Charter could prevent Article 8 from reaching its full potential.

The Background and the International and Domestic Impact of 'General Data Protection Regulation'

2014 ◽  
Vol 599-601 ◽  
pp. 2173-2177
Author(s):  
Zhi Le He ◽  
Dao Li Huang ◽  
Yun Ting Lei
Keyword(s):  
Data Protection ◽  
New Technology ◽  
Development Trend ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
The World ◽  
General Data ◽  
New Challenges ◽  
The Development Trend ◽  
Existing Data

With the development of globalization and new technology, it is difficult for the existing data protection framework of EU to adapt to the new challenges inbig data era. The European Commission sought to establish new legal framework to deal with challenges actively, so“General Data Protection Regulation“£ ̈GDPR£©was enacted in November2012. Analysis of GDPR background andthe overview of its impact to the world and Chinaare significant for the dialysis of the development trend of the contemporary data protection and the creation of a safe and reliable onlineenvironment.

scholarly journals Medical Error in Psychiatry - Brazilian Analysis and Proposal For A Doctor's Protection Protocol

2020 ◽  
Vol 03 (11) ◽  
Author(s):  
Homaile Mascarin do Vale ◽  
Keyword(s):  
Data Protection ◽  
Medical Error ◽  
Medical Malpractice ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Consumer Privacy ◽  
Privacy Act ◽  
The Face ◽  
General Data ◽  
Real Practice

There is an increase in the number of medical malpractice cases all over the world and the detachment of the role of the judiciary and the real practice of medical activity is striking, converging to a weakness of the doctor in the face of a system that does not advocate the equalization of plaintiff and defendant in the process, bringing procedural difficulties to the doctor due to the legislation, especially the Brazilian. In a transdisciplinary way, permeating the law and medicine, the article mapped the operation of the Brazilian judiciary in the face of medical error and, specifically, measured how the state power understands cases about psychiatry, a specialty that is difficult to prove medical error. It was analyzed statistically how Brazilian courts behave, creating a procedural diagnosis of justice. This research offers a protection protocol to the psychiatrist inspired by the General Data Protection Law, which in turn comes from the European General Data Protection Regulation and the California Consumer Privacy Act of 2018 to address the procedural vulnerability of the doctor in medical error processes respecting patient privacy and intimacy, applicable and adaptable to countries and continents that have legislation for specific data protection. The article concludes by critically analyzing the format of processing and judgment of medical malpractice cases in Brazil, proposing a multidisciplinary configuration in search of real justice.

scholarly journals Personal Data Protection in Russia

2020 ◽  
pp. 95-113
Author(s):  
Alexander Gurkov
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Special Role ◽  
State Control ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data

AbstractThis chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.

scholarly journals Criminal justice profiling and EU data protection law: precarious protection from predictive policing

2019 ◽  
Vol 15 (2) ◽  
pp. 162-176 ◽  
Author(s):  
Orla Lynskey
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Predictive Policing ◽  
General Data Protection Regulation ◽  
Court Of Justice ◽  
Specific Assessment ◽  
General Data ◽  
Data Protection Law ◽  
Context Specific ◽  
The Eu

AbstractThis paper examines the application of the latest iterations of EU data protection law – in the General Data Protection Regulation, the Law Enforcement Directive and the jurisprudence of the Court of Justice of the EU – to the use of predictive policing technologies. It suggests that the protection offered by this legal framework to those impacted by predictive policing technologies is, at best, precarious. Whether predictive policing technologies fall within the scope of the data protection rules is uncertain, even in light of the expansive interpretation of these rules by the Court of Justice of the EU. Such a determination would require a context-specific assessment that individuals will be ill-placed to conduct. Moreover, even should the rules apply, the substantive protection offered by the prohibition against automated decision-making can be easily sidestepped and is subject to significant caveats. Again, this points to the conclusion that the protection offered by this framework may be more illusory than real. This being so, there are some fundamental questions to be answered – including the question of whether we should be building predictive policing technologies at all.

New Boundaries for the Right to Be Forgotten?

2020 ◽  
pp. 302-314
Author(s):  
Federica Casarosa ◽  
Dianora Poletti
Keyword(s):  
Supreme Court ◽  
Data Protection ◽  
Legal Framework ◽  
General Data Protection Regulation ◽  
National Courts ◽  
Right To Be Forgotten ◽  
The Supreme Court ◽  
General Data ◽  
Grand Chamber ◽  
The Right

The right to be forgotten has come to the forefront of the academic debate as a reaction to Court of Justice's decision in case C-507/17 Google LLC c. CNIL concerning the issue of geographical extension of the delisting obligation. Along with the development of CJEU jurisprudence, national courts have developed their own caselaw interpreting and adapting the right to be forgotten, now included in art 17 of the General Data Protection Regulation, to the pre-existing legal framework. Italian courts, and in particular the Italian Supreme Court, have addressed in several occasions the features and facets of the right to be forgotten, and the recent decision of the Grand Chamber (n. 19681, 22 July 2019) is the last though not the least. Starting form this decision, the chapter will analyse how the Supreme Court has attempted to systematise the right to be forgotten distinguishing what is called the traditional application of the right from the ones emerging in the digital context.

Blockchain for Strengthening the Privacy of Healthcare Data

2021 ◽  
pp. 672-688
Author(s):  
Stefan Kendzierskyj ◽  
Hamid Jahankhani ◽  
SHU I Ndumbe
Keyword(s):  
Healthcare Providers ◽  
Patient Privacy ◽  
General Data Protection Regulation ◽  
Healthcare Data ◽  
Health And Social Care ◽  
Patient Health ◽  
Primary Care Sector ◽  
Share Data ◽  
General Data ◽  
The Impact

The desire for eHealth systems is ever-growing as public institutions, healthcare providers, and its users see the positive gains from having systems of patient health information held in a single place; a decentralized connected architecture called blockchain. This concept can solve the interoperability issues and integrate the fragmented way healthcare records are held and present a more transparent, secure method to share data and protect patient privacy. The aim of this article is to provide a supportive environment for the health and social care workplace with special reference in the Primary Care sector in England on the impact and changes to the information governance toolkit (IGTK) as a result of the new European General Data Protection Regulation (GDPR) coming into force from May 2018. These challenges will also include the implementation of the National Data Guardian (NDG) review of data security and opt-outs amongst others.

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