Based on the findings of the second global survey on eHealth
WHO World Health Organization
GOe - Global Observatory for eHealth Series, v. 5, 2012
“…….Given that privacy of the doctor-patient relationship is at the heart of good
health care, and that the electronic health record (EHR) is at the heart of good
eHealth practice, the question arises: Is privacy legislation at the heart of the EHR?
The second global survey on eHealth conducted by the Global Observatory for
eHealth (GOe) set out to answer that question by investigating the extent to which
the legal frameworks in the Member States of the World Health Organization (WHO)
address the need to protect patient privacy in EHRs as health care systems move
towards leveraging the power of EHRs to deliver safer, more efficient, and more
accessible health care.
The survey began with a question on the existence of generic privacy legislation
followed by questions to establish if specific rules had been adopted to address
privacy in EHRs. A series of questions followed pertaining to the way in which
privacy is addressed in transmittable EHRs and patients’ rights to access, correct,
and control the use of the EHR.
The investigation ended by broaching the issue of privacy protection in secondary
uses of data contained in EHRs, such as for international research purposes. In
the present report the analysis of the survey responses is preceded by an overview
of the ethical and legal roots of privacy protection. Focusing on the ethical concepts
of autonomy, beneficence, and justice, the report reminds the reader of the early
recognition of the duty of privacy in the Hippocratic Oath and goes on to consider
how that is reflected in international binding legislation such as the United Nations
Declaration on Human Rights and the European Union Data Protection Directive,
as well as non-binding international codes of practice…..”
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