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A Novel Approach for the Administration of Medications and Fluids in Emergency Scenarios and Settings
Published on: November 9, 2016
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[IT Outsourcing and Medical Secrecy].
Michael Widmer1, Philipp Egli1
11 ZHAW School of Management and Law, Center for Social Law, Winterthur.
Praxis
|March 7, 2019
Summary
Medical practices can outsource IT work if data protection laws and professional secrecy are maintained. Agreements and appropriate measures are crucial for IT outsourcing to be permissible, ensuring patient data confidentiality.
Area of Science:
- Medical Law
- Information Technology
- Data Protection
Background:
- Outsourcing IT services is increasingly common in medical practices.
- This practice raises concerns regarding data protection laws and professional secrecy obligations.
Purpose of the Study:
- To analyze the legal implications of IT outsourcing for medical practices.
- To determine the conditions under which IT outsourcing remains permissible while upholding medical secrecy.
Main Methods:
- Legal analysis of data protection regulations.
- Examination of professional secrecy laws in the context of IT outsourcing.
- Review of existing case law and scholarly opinions.
Main Results:
- IT outsourcing requires specific agreements with third-party providers.
- Providers must adhere to the same data processing limitations as the medical practice.
- Outsourcing is permissible if objectively justified, customary, necessary, and includes measures to prevent data disclosure.
Conclusions:
- IT outsourcing is permissible for medical practices under specific conditions.
- Compliance with data protection and professional secrecy is paramount.
- Careful planning and implementation of security measures are essential for successful IT outsourcing.
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