LEC 4: Ethical Issues Related to Technology & Delivery of Health Care

Data Protection

Act of protecting information, both sensitive and personal sensitive to unauthorized access and use

1. Confidentiality

2. Integrity

3. Availability

3 Main Attributes of Security

Availability

Main attribute of security

• “When is it accessible”

Confidentiality

Main attribute of security

• “Who is authorized”

Integrity

Main attribute of security

• “Is everything accurate & complete”

1. Autonomy

2. Beneficence

3. Non-Maleficence

4. Justice

5. Integrity

5 Ethical Principles

Security

Overall ruled policies, systems, and administrative choices that keep the information safe and determine whether a person can use a system

Protection

Specific resources and measures to determine who can access what specific data/information.

Security are overall policies, systems and administrative choices, while protection are specific resources and measures to determine who can access specific data.

What is the difference between security and protection?

Data Privacy Act of 2012 (RA 10173)

Mandates the protection of individual privacy while ensuring the free flow of information to promote innovation and growth. It regulates all processing of personal data and aligns the Philippines with international data protection standards.

National Privacy Commission (NPC)

The country's independent privacy watchdog mandated to administer, implement, monitor, and ensure compliance of the country with international data protection standards.

Section 12

Section of DPA

• Consent is just one of the many other lawful criteria for processing personal info.

Section 13

Section of DPA

• Governs rules specifically regarding Sensitive Personal Info.

Data Protection Officer (DPO) (aka Data Privacy Officer (DPO))

Appointment of this is a legal requirement for PICs and PIPs

Personal Information Controllers

PICs

Personal Information Processors

PIPs

Privacy Notice

Meant only to inform data subjects; a clear, transparent public statement detailing the intended purpose of collecting data, as well as how an organization collects, uses, retains, and discloses personal information. It is not equivalent to obtaining consent.

Privacy Consent

Free, specific, and informed indication of will where the data subject allows/agrees that a certain organization can get and process their information. The data subject must agree to the collection and processing of personal info about and/or relating to him/her.

Privacy notice simply informs patients regarding the purpose of collection of their data, while privacy consent obtains permission to collect data.

What is the difference between privacy notice and privacy consent?

Privacy Impact Assessment (PIA)

A process used by PICs/PIPs to evaluate and manage privacy risks regarding a specific program, project, or technology product.

Privacy Management Program (PMP)

A strategic framework designed to embed privacy and data protection into daily operations. It serves as a "Blueprint" or plan of protecting patient data and making sure privacy rules are followed.

1. Description of personal data.

2. Purpose for which data will be processed.

3. Basis for processing, especially when it is not based on consent.

4. Scope and method of the personal data processing.

5. Recipients to whom data may be disclosed.

6. How the recipient gets automatic access and what they are allowed to do with it.

7. Identity and contact details of the PIC or its representative.

8. Duration for which data will be stored.

9. Existence of the rights of the data subjects.

Organizations are strictly required to notify their data subjects regarding the following details:

Contact Tracing

Governed by April 17, 2020 – Department Memorandum No. 2020-0189 (and NPC PHE Bulletin No. 13) containing updated guidelines on contact tracing. Successful tracing relies on mutual trust, and its primary core goal is disease control. Public authorities must balance public safety risks against individual privacy

April 17, 2020

When was contact tracing implemented?

Department Memorandum No. 2020-0189 (NPC PHE Bulletin No 13)

What memorandum implemented contact tracing?

Disease Control

Main goal of contact tracing

• Collect only necessary info.

• Share only with proper authorities.

• Protect patient identity.

Contact Tracing Data Gathering Requirements

1. Transparency

2. Legitimate Purpose

3. Proportionality

Privacy Principles for Public Disclosure

1. Harassment

2. Discrimination

3. Physical Harm

Unbridled public disclosure may cause:

1. Improved Care Coordination

2. Improved Population Health Management

3. Improved Patient Education

3 Major Benefits of Healthcare Technology

Improved Care Coordination

Major Benefit of Healthcare Technology

• Streamlines communication and healthcare delivery across teams

Improved Population Health Management

Major Benefit of Healthcare Technology

• Enhances systemic tracking and medical interventions.

Improved Patient Education

Major Benefit of Healthcare Technology

• Provides better information access for patients.

• Expenses

• Remote monitoring often a compromise rather than a direct cost-saver

Challenges faced by Healthcare Organizations

• Improper use (need further training)

Challenges faced by Healthcare Providers

• Violation of patient autonomy

Challenges faced by Patients

1. Privacy & Security

2. Sociotechnical

3. Application Software

4. Material Devices and Supply Chains

5. Infrastructures

6. Individual Health-Related Practices

7. Interpersonal Relationships

8. Organizational Policies

8 Current Technology: Issues & Dilemma

Privacy & Security

Current Technology: Issues & Dilemma

• Autonomy and transparency are constantly challenged regarding what choices a patient can realistically make

Sociotechnical Health

Current Technology: Issues & Dilemma

• Highlights that digital health technologies are never isolated; society = technology. They have mutual dependencies with the social arrangements and human interactions in which they are embedded.

Application Software

Current Technology: Issues & Dilemma

• Raises ethical issues regarding effectiveness, usability, inclusiveness, transparency, functioning issues, and direct use of the digital health offering

Material Devices & Supply Chains

Current Technology: Issues & Dilemma

• Ethical analyses must account for resource extraction and the reliance on low-wage labor in low-income countries by large corporations.

Infrastructures

Current Technology: Issues & Dilemma

• A lack of high-speed internet availability physically precludes certain communities from accessing digital health care.

Individual Health-Related Practices

Current Technology: Issues & Dilemma

• Self-tracking applications/mechanisms can cause individuals to self-police their habits based on external social norms.

Interpersonal Relationships

Current Technology: Issues & Dilemma

• Social media and digital communication tools/applications dramatically alter public understanding and human interaction.

Organizational Policies

Current Technology: Issues & Dilemma

• Digitalization fundamentally alters daily work practices and workflow transitions from analog to digital environments.