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Health information, the fair information principles and ethics
1University of Victoria, B.C., Canada.
Methods of Information in Medicine
|October 1, 1994
Summary
Advanced electronic patient records require a new legal paradigm beyond traditional property models. This paper proposes a new framework, addressing ethical concerns and legal mechanisms for privacy, security, and access based on fair information principles.
Area of Science:
- Health Informatics
- Information Law
- Bioethics
Background:
- The traditional property-model for patient records is insufficient for advanced electronic health records (EHRs).
- EHRs function as epistemic patient analogues in information space, necessitating a paradigm shift.
- Existing legal and regulatory frameworks may not adequately address the complexities of modern EHRs.
Purpose of the Study:
- To propose a new paradigm for understanding and managing electronic patient records.
- To examine the ethical implications arising from this new paradigm.
- To explore legal and regulatory mechanisms for implementing the proposed changes, focusing on privacy, security, and access.
Main Methods:
- Conceptual analysis of the nature of advanced electronic patient records.
- Ethical framework development for patient data management.
- Review of existing legal and regulatory principles, including fair information principles.
- Exploration of potential legal and regulatory adaptations.
Main Results:
- The property-model is inadequate for advanced EHRs, which act as epistemic analogues.
- A new paradigm is necessary to govern EHRs effectively.
- Ethical considerations regarding privacy, security, and access are paramount.
- Fair information principles offer a foundation for new legal and regulatory approaches.
Conclusions:
- A paradigm shift from property-model to an epistemic analogue model is essential for advanced EHRs.
- New ethical and legal frameworks are required to manage EHRs, ensuring privacy, security, and access.
- Adapting legal and regulatory mechanisms based on fair information principles is crucial for responsible EHR governance.
Keywords:
Professional Patient Relationship