Privacy and Security in the Implementation of Health Information Technology (Electronic Health Records): U.S. and EU Compared

Simple item page
dc.contributor.authorHiller, Janine S.en
dc.contributor.authorMcMullen, Matthew S.en
dc.contributor.authorChumney, Wade M.en
dc.contributor.authorBaumer, David L.en
dc.date.accessioned2017-11-17T16:11:23Zen
dc.date.available2017-11-17T16:11:23Zen
dc.date.issued2011en
dc.description.abstractThe importance of the adoption of Electronic Health Records (EHRs) and the associated cost savings cannot be ignored as an element in the changing delivery of health care. However, the potential cost savings predicted in the use of EHR are accompanied by potential risks, either technical or legal, to privacy and security. The U.S. legal framework for healthcare privacy is a combination of constitutional, statutory, and regulatory law at the federal and state levels. In contrast, it is generally believed that EU protection of privacy, including personally identifiable medical information, is more comprehensive than that of U.S. privacy laws. Direct comparisons of U.S. and EU medical privacy laws can be made with reference to the five Fair Information Practices Principles (FIPs) adopted by the Federal Trade Commission and other international bodies. The analysis reveals that while the federal response to the privacy of health records in the U.S. seems to be a gain over conflicting state law, in contrast to EU law, U.S. patients currently have little choice in the electronic recording of sensitive medical information if they want to be treated, and minimal control over the sharing of that information. A combination of technical and legal improvements in EHRs could make the loss of privacy associated with EHRs de minimis. The EU has come closer to this position, encouraging the adoption of EHRs and confirming the application of privacy protections at the same time. It can be argued that the EU is proactive in its approach; whereas because of a different viewpoint toward an individual’s right to privacy, the U.S. system lacks a strong framework for healthcare privacy, which will affect the implementation of EHRs. If the U.S. is going to implement EHRs effectively, technical and policy aspects of privacy must be central to the discussion.en
dc.identifier.issue1en
dc.identifier.urihttp://hdl.handle.net/10919/80420en
dc.identifier.volume17en
dc.language.isoen_USen
dc.publisherBoston University School of Lawen
dc.rightsIn Copyrighten
dc.rights.urihttp://rightsstatements.org/vocab/InC/1.0/en
dc.titlePrivacy and Security in the Implementation of Health Information Technology (Electronic Health Records): U.S. and EU Compareden
dc.title.serialJournal of Science & Technology Lawen
dc.typeArticle - Refereeden

Files

Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
JanineHillerMatthewSMcMul.pdf
Size:
2.18 MB
Format:
Adobe Portable Document Format
Description:
Download

Collections

Destination Area: Integrated Security (IS)
Scholarly Works, Finance, Insurance and Business Law