Square Peg In a Round Hole: Data Privacy And Security Laws And Standards Meet Medicine 2.0



David Harlow*, The Harlow Group LLC - HealthBlawg, Newton, United States

Track: Business
Presentation Topic: Ethical & legal issues, confidentiality and privacy
Presentation Type: Oral presentation
Submission Type: Single Presentation

Building: Joseph B. Martin Conference Center at Harvard Medical School
Room: B-Bray Room
Date: 2012-09-16 09:45 AM – 10:30 AM
Last modified: 2012-09-12
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Abstract


Existing laws and regulations limit innovation in payment, incentives for collaboration and health care delivery generally -- because they are focused on the fee-for-service environment. Similarly, privacy and security rules, based on a worldview at least a decade out of date, hamper the frictionless sharing of data by patients, providers and others in the Medicine 2.0 environment. Is privacy passe? Do the laws and regulations need to be rewritten? Can we reasonably expect the law to keep pace with change in health IT? What should the future framework look like? Whose interests are protected by the current framework, and who should be interested in making changes? We will consider the application of these questions to a variety of Medicine 2.0 settings, all focused on sharing, e.g., user-generated content, quantified self data, and medical record data.




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