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Borderlines in Private Law

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The Patient, Data Protection and Changing Healthcare Models


ISBN13: 9781839701245
Published: March 2021
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £114.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Healthcare is changing. It is moving to a paperless environment, a team-based, interdisciplinary and patient-centred profession. Value-driven strategies, evidence-based medicine, data-driven technology, decision support and automated decision-making are adopted in modern healthcare models. Health-related data are subject to eagerness characterising our data-driven economy.

Amidst these changes, is the patient and his or her right to data protection, privacy and autonomy.

The question arises how to match phenomena that characterise the predominant ethos in modern healthcare systems, such as e-health and personalised medicine, with patient autonomy and data protection laws. That matching exercise is essential. The successful adoption of ICT in healthcare depends, at least partly, on how the public’s concerns about data protection and confidentiality are addressed.

Three backbone principles of European data protection law, in particular, are considered bottlenecks for the implementation of modern healthcare systems: informed consent, anonymisation and purpose limitation. The book assesses the adequacy of these principles and considers them in the context of technological and societal evolutions. A must-read for every professional active in the field of data protection law, health law, policy development or IT-driven innovation.

Subjects:
Data Protection, Medical Law and Bioethics
Contents:
Introduction
PART 1. CHANGING HEALTHCARE SYSTEMS
Chapter I. Societal and Technological Changes
Chapter II. Personalised Healthcare
PART 2. THE PATIENT’S RIGHT TO DATA PROTECTION. UNDERSTANDING THE LEGAL CONTEXT
Chapter I. Understanding the Legal Roots
Chapter II. Understanding the Concepts
Chapter III. Understanding the Subject of Protection
Interim Conclusions
PART 3. PROTECTIVE AND EMPOWERING MECHANISMS IN EUROPEAN. AN ASSESSMENT OF INFORMED CONSENT, ANONYMISATION AND PURPOSE LIMITATION
Chapter I. Informed Consent, a Means to Empower the Patient?
Chapter II. The Obligation for Data Minimisation through Anonymisation
Chapter III. Protecting the Patient through Purpose Limitation
PART 4. CONCLUDING REMARKS AND RECOMMENDATIONS FOR THE FUTURE
Concluding Remarks and Recommendations for the Future
List of abbreviations
Bibliography