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PubMed2003

Clinical pastoral education and post privacy legislation: an Australian perspective.

Recently introduced privacy legislation in Australia has required that professional associations approaching education from the perspective of human cases review their standards and develop new policies and procedures to protect the privacy of individuals. In this article, the author explores the disruption created for Clinical Pastoral Education by the introduction of these privacy laws, demonstrates that it is possible to be loyal to both a commitment to privacy and learning from "living human documents," develop strategies for changing the educational culture, and establish new procedures, strategies, and policy.

Australia↗

PubMed2003

Taking the next step to privacy compliance for hospitals: implementing the OHA guidelines.

The recently released "Guidelines for Managing Privacy, Data Protection and Security for Ontario Hospitals," prepared by the Ontario Hospital eHealth Council Privacy and Security Working Group (the "Guidelines") are useful in that they provide a comprehensive overview of the types of issues raised for hospitals by existing and pending privacy legislation, and a very high-level framework for addressing same. However, the Guidelines are, as stated high-level guidelines only,--leaving hospital management to grapple with the next big step towards privacy compliance: how to operationalize the Guidelines within their particular hospital.

Computer Security↗

PubMed2004

Implementing your privacy program: putting theory into practice.

Healthcare organizations across Canada are challenged with the new spectre of information privacy. While security and confidentiality have long been part of our culture in healthcare, privacy is a surprisingly new issue. With the introduction of privacy legislation and codes based on the CSA Model Code for the Protection of Personal Information (CSA Privacy Code), healthcare providers are subject to new obligations, and patients now enjoy new rights.

Awareness↗

PubMed1994

Privacy and the ethics of outing.

This essay argues that, in the absence of a compelling justification, outing is immoral as a violation of privacy. Reasons for respecting privacy involve fundamental interests which encompass information about gay and lesbian sexual orientation. Utilitarian defenses of outing are criticized, as is Richard Mohr's analysis of privacy and defense of outing in the name of dignity. Mohr's claim that gay or lesbian sexual orientation does not fall within the scope of the right to privacy is rejected.

Civil Rights↗

PubMed2004

[Privacy of workers and handling of personal information in occupational health].

A non-medical personnel staff in enterprises may handle workers' health information in Japan, because occupational health legislation requires employers to keep records of workers' health examination results and to improve the working environment and the work based on the health status of each worker. Meanwhile, the notion of privacy developed in the 20th century and control over one's own personal information is now regarded as an important human right. For example, sensitive information such as health information may not be handled without consent from the person involved. Therefore, occupational health services in Japan have been exposed to high risks of workers' privacy being violated. The Health Promotion Law and the Personal Information Protection Law have been promulgated in succession in Japan, and we have already experienced court cases requiring damage from violation of privacy. However, some surveys of workers revealed that the awareness of these problems was not high, and the opinion for privacy protection differs depending on the types of health information. Occupational health professionals should be required to balance the value of proper usage and protection of the workers' health information by referring to the ethical guidelines.

Civil Rights↗

PubMed1979

The privacy implications of insurers' information practices.

Insurers and their support organizations are among the largest collectors and users of personally identifiable information in the United States, yet little attention has been focused historically on the implications of insurers' information practices to individuals' privacy. Moreover, these practices are virtually opaque from the subject individual's point of view--in other words, individuals do not realize the full implications to their privacy when they enter into relationships with insurers. Thus, individuals may be at a disadvantage from a privacy protection standpoint in dealing with insurers. This paper analyzes insurers' information practices from a privacy protection perspective and suggests several areas that need improvement.

Confidentiality↗

PubMed1982

Privacy Act of 1974; exempt record system--HHS. Final rule.

The Office of the Secretary of the Department of Health and Human Services is amending its Privacy Act Regulations to exempt the system of records, "Civil and Administrative Investigative Files of the Inspector General, HHS/OS/OIG," from certain provisions of the Privacy Act. This exemption is authorized by subsection (k)(2) of the Privacy Act, which applies to investigative materials compiled for law enforcement purposes. The Office of Inspector General (OIG) is authorized to gather information for Civil and administrative law enforcement purposes under Pub. L. 94-505, establishing the HHS Office of Inspector General, and section 1128A of the Social Security Act, authorizing civil money penalties for the filing of false claims in certain health care financing programs. In order to maintain the integrity of the OIG investigative process and to assure that the OIG will be able to obtain access to complete and accurate information, the Department is exempting this system, under subsection (k)(2), from the notification, access, correction and amendment provisions of the Privacy Act.

Civil Rights↗

PubMed1987

Patient/customer privacy rights clash with equal employment opportunities.

Hiring decisions may never be related to the employer's perception of the ability responsibility. The employer must prove that it had a factual basis for believing that the hiring of members of one sex would directly undermine the essence of the job involved or the employer's business. In addition, it must be shown that the employer would be unable to assign job responsibilities in a way that would insure a minimal clash between the privacy interests of customers and the nondiscriminatory principles of Title VII. Employers must treat employees equally and on an individual basis. Furthermore, the reason for the hiring and/or rejection of any employee must rest solely upon the fact that the employee cannot do the job. The pattern that developed in researching the privacy cases is that the federal courts rate the BFOQ as an extremely narrow exception to the general prohibition of discrimination on the basis of sex. Unless the employer can convincingly prove that the job can be performed only by members of one sex, the BFOQ exception will fail. It can also be noted that the courts tend to allow the BFOQ defense to stand in patient privacy cases more often than in cases involving customer or inmate privacy.

Civil Rights↗

PubMed1999

American Academy of Pediatrics. Pediatric Practice Action Group and Task Force on Medical Informatics. Privacy protection and health information: patient rights and pediatrician responsibilities.

Pediatricians and pediatric medical and surgical subspecialists should know their legal responsibilities to protect the privacy of identifiable patient health information. Although paper and electronic medical records have the same privacy standards, health data that are stored or transmitted electronically are vulnerable to unique security breaches. This statement describes the privacy and confidentiality needs and rights of pediatric patients and suggests appropriate security strategies to deter unauthorized access and inappropriate use of patient data. Limitations to physician liability are discussed for transferred data. Any new standards for patient privacy and confidentiality must balance the health needs of the community and the rights of the patient without compromising the ability of pediatricians to provide quality care.

Computer Security↗

PubMed2001

Application of the privacy principles to general practice.

BACKGROUND: There are escalating requirements for general practitioners to comply with recognised privacy principles. With amendments to the Commonwealth Privacy Act (1988) imminent, there is an urgent need to formulate methods for applying these principles to general practice. OBJECTIVE: The article provides an explanation of the origins of the privacy principles and a simple self audit which general practitioners can use to assess the extent to which their usual practices conform with them. DISCUSSION: A careful review of the principles indicates that new measures will be needed before most general practices will be able to approach required standards of conduct. Practical strategies for achieving best practice are discussed and challenges confronting general practices in applying the principles are canvassed. Ethics committees should be used more often to provide independent review of practice policies and proposals to use patient information in new ways. General practitioners can expect increasing scrutiny and debate concerning confidentiality. In order to maintain patient trust in GPs as responsible data custodians, the privacy principles can be seen as a quality improvement tool.

Australia↗

PubMed2002

Health Insurance Portability and Accountability Act of 1996 (HIPAA): a provider's overview of new privacy regulations.

When it enacted The Health Insurance Portability and Accountability Act of 1996, Congress mandated establishment of privacy regulations covering individual health information. Title II of HIPAA, the Privacy Rule that became effective on April 14, 2001, offers Americans the first-ever set of comprehensive protections against the unintended and/or inappropriate disclosure of personal health information. Provisions of the Privacy Rule and its associated regulations include patient control over the use of health information, patient rights to information on the disclosure policies of the health-care provider, patient rights to review and amend one's medical information, standards for limiting the scope of data disclosed to other health-care providers, and penalties for noncompliance with the law. This paper presents a summary of the need for protection of personal health information and an overview of the provisions of this legislative foundation for protecting personal health records--the HIPAA Privacy Rule.

Confidentiality↗

PubMed2002

HIPAA privacy: the compliance challenges ahead.

This Article reviews the HIPAA Privacy Standards' impact on healthcare organizations. It discusses whether a healthcare organization is a "Covered Entity" under the regulations, what information the Privacy Standards protect, what restrictions the regulations place on the use and disclosure of protected health information, what individual rights the Privacy Standards create, and what agreements they require between healthcare organizations and their business associates. The author provides relatively extensive guidance to organizations that are embarking upon their voyage of compliance with these broadly applicable regulations, but notes that the full extent of necessary compliance remains unclear, pending DHHS issuance of the next iteration of the rulemaking in this area. The Article was finalized in January 2002, before HHS issued any modifications to the Privacy Standards.

Access to Information↗

PubMed2002

Data registers in respiratory medicine: a pilot project evaluating compliance with privacy laws and the National Statement on Ethical Conduct in Research Involving Humans.

This article reports on data from a small pilot survey evaluating the compliance of voluntary databases in respiratory medicine with privacy laws and the National Health and Medical Research Council's National Statement on Ethical Conduct in Research Involving Humans. The increasing complexity of privacy law, including the recent private sector amendments, creates many challenges for database administrators. The impact of privacy laws upon voluntary or non-statutory databases, and upon doctors reporting patient data to such databases, is far from straightforward. The article suggests way in which the law might be adapted in order to better facilitate the role of voluntary data registers in health research and public health surveillance, while still protecting the privacy of patient information. The article also briefly considers how database administrators might "future-proof" their existing data holdings to ensure compliance with legal and ethical standards.

Australia↗

PubMed2003

Protecting the privacy of personal information in employee benefit plans.

The United States is not the only country dealing with privacy of health information. In the absence of clear legislative direction, this paper focuses on the common privacy principles that underlie Canadian privacy legislation and recommends a plan of action. The objective is to give plan administrators and trustees sufficient transition time to develop and implement the appropriate privacy strategies, thereby minimizing both the potential burden of compliance and the potential risks of noncompliance.

Canada↗

PubMed2004

Privacy enhancing techniques in E-health: an overview.

This overview highlights the relevance of Privacy Enhancing Techniques (PETs) in the context of e-Health. A number of validated privacy protecting techniques is briefly presented. The implementation of such PETs could provoke, for a number of applications, a shift in paradigm, namely from "Privacy through Security" to "Security through Privacy".

Belgium↗

PubMed2005

A linkable identity privacy algorithm for HealthGrid.

The issues of confidentiality and privacy have become increasingly important as Grid technology is being adopted in public sectors such as healthcare. This paper discusses the importance of protecting the confidentiality and privacy of patient health/medical records, and the challenges exhibited in enforcing this protection in a Grid environment. It proposes a novel algorithm to allow traceable/linkable identity privacy in dealing with de-identified medical records. Using the algorithm, de-identified health records associated to the same patient but generated by different healthcare providers are given different pseudonyms. However, these pseudonymised records of the same patient can still be linked by a trusted entity such as the NHS trust or HealthGrid manager. The paper has also recommended a security architecture that integrates the proposed algorithm with other data security measures needed to achieve the desired security and privacy in the HealthGrid context.

Algorithms↗

PubMed2006

Nurses' perception on information privacy in Japan.

This study explores how nurses perceive patients' privacy and with whom they share the patients' information. A descriptive study was conducted on 710 nurses from three hospitals. The results show 1) nurses think of patients' privacy more importantly than their own privacy, 2) nurses hesitated somewhat to share information on "family structure" and "elimination habit" with other nurses, 3) nurses shared more limited information with the staff on the hospital food service unit than with other health professionals. Compared to the previous study conducted three years ago, this study showed nurses have become more sensitive to patient privacy in Japan.

Confidentiality↗

PubMed1988

Government statistics: the conflict between research and privacy.

The production of social statistics has been challenged in certain West European nations by the "privacy issue." Privacy advocates contend that computerized data files containing information about individuals endanger personal privacy and other civil liberties. The privacy issue has taken two forms: anti-census campaigns and data protection systems. Although those responsible for statistical data have traditionally safeguarded their records, they are often drawn into this issue. Increasingly, they have had to deal with the sociopolitical environment through legislative liaisons, lawyers, and advertising agencies. They have also had to revise data collection and processing procedures. In some situations, they have had to suspend censuses and surveys.

Confidentiality↗