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PROF: SIR RAMON GARCIA

HEALTH INFORMATION SYSTEM FOR MEDICAL LABORATORY SCIENCE


ICTM111 WEEK-16
Ethics, Privacy, and Security beneficial to both the individual patient,and to the
INTRODUCTION entirety of society.
•Modernization in healthcare has led to the tendency of •With this in mind, new EHR systems should be
most practitioners to rely on the use of mechanical aids developed with the capacity to allow patients to
throughout the process of providing patient treatment. release information from their EHRs which can be
However, the fact remains that human values should valuable to researchers and scientists. Similarly, the
continue to govern research and practice in the available consolidated from clinical data repositories will
healthcare profession. be able to allow healthcare professionals to provide the
•Healthcare informatics encompasses issues of proper best possible treatments for their patients,further
and improper behaviour, honourable actions, and of upholding the principle of beneficence.
right and wrong. 4. Informatics Ethics
•Ethical questions in medicine, nursing, human subject •Informatics ethics, on the other hand, involves the
research,psychology, and other related fields continue to ethical behaviour required of anyone handling data and
become more twisted and complex, but some information, as prescribed by the International Medical
overarching issues are common among them. Informatics Association (2016). It covers seven
•Ethical issues in health informatics, on the other hand, principles: privacy, openness, security, access, legitimate
are less familiar, even if some of them have been infringement, least intrusive alternatives, and
controversial for decades. accountability.
•Informatics also raises questions about various legal 5. Principle of Information-Privacy and Disposition
and regulatory requirements. •All persons and group of persons have a fundamental
•A computer program should be used in clinical practice right to privacy, and hence to control over the collection,
only after appropriate evaluation of its efficacy and the storage, access, use, communication, manipulation,
documentation that it performs its intended task at an linkage and disposition of data about themselves.
acceptable cost in time and money. 6. Principle of Openness
•All uses of informatics tools, especially in patient care, •The collection, storage, access, use, communication,
should be preceded by adequate training and manipulation, linkage and disposition of personal data
instruction, which should include review of applicable must be disclosed in an appropriate and timely fashion
product evaluations. to the subject or subjects of those data.
•Users of most clinical systems should be health 7. Principle of Security
professionals who are qualified to address the question •Data that have been legitimately collected about
at hand on the basis of their licensure, clinical training, persons or groups of persons should be protected by all
and experience. reasonable and appropriate measures against loss
Guiding Principles of General Ethics: degradation, unauthorized destruction, access, use,
1. Autonomy manipulation, linkage, modification or communication.
•Autonomy is defined as either allowing individuals to 8. Principle of Access
make their own decisions in response to a particular •The subjects of electronic health records have the right
societal context, or as the idea that no one human of access to those records and the right to correct them
person does not have the authority nor should have with respect to its accurateness, completeness and
power over another human person. relevance.
•Electronic health records (EHR) must maintain respect 9. Principle of Legitimate Infringement
for patient autonomy, and this entails certain •The fundamental right of privacy and of control over
restrictions about the access, content, and ownership of the collection, storage, access, use, manipulation,
records. linkage, communication and disposition of personal data
•Limiting patient access and control over patient records is conditioned only by the legitimate, appropriate and
improves document quality because they can become relevant data-needs of a free, responsible and
proofreaders of their own patient history (Mercuri, democratic society, and by the equal and competing
2010). rights of others.
2. Beneficence and Non-maleficence 10. Principle of the Least Intrusive Alternative
•These two principles are respectively defined as “do •Any infringement of the privacy rights of a person or
good” and “do no harm.” In health informatics, group of persons, and of their right of control over data
beneficence relates most significantly with the use of the about them, may only occur in the least intrusive fashion
stored data in the EHR system, and non-maleficence and with a minimum of interference with the rights of
with data protection. the affected parties.
•Deeply-integrated EHR systems will contain substantial 11. Principle of Accountability
amounts of raw data, and great potential exists for the •Any infringement of the privacy rights of a person or
conduction of ground breaking biomedical and public group of persons, and of the right to control over data
health research. These kinds of research will be

JENNY ROSE YUCADDI 1


PROF: SIR RAMON GARCIA
HEALTH INFORMATION SYSTEM FOR MEDICAL LABORATORY SCIENCE
ICTM111 WEEK-16
about them, must be justified to the latter in good time •The National Research Council (1997) emphasizes that
and in an appropriate fashion. technological security tools are essential components of
Software Ethics modern distributed health care information systems, and
•Health informatics ethics heavily relies on use of that they serve five key functions:
software to store and process information. As a result, •Availability—ensuring that accurate and up-to-date
activities carried out by software developers might information is available when needed at appropriate
significantly affect end-users. The software developer places;
has ethical duties and responsibilities to the following •Accountability—helping to ensure that health care
stakeholders: society, institution and employees, and providers are responsible for their access to and use of
the profession. information, based on a legitimate need and right to
•Activities should be carried out with the best interest of know;
the society in mind. Developers should be mindful of •Perimeter identification —knowing and controlling the
social impacts of software systems. This includes boundaries of trusted access to the information system,
disclosing any threats or known defects in software. both physically and logically;
•Controlling access —enabling access for health care
PRIVACY, CONFIDENTIALITY AND SECURITY providers only to information essential to the
•Privacy generally applies to individuals and their performance of their jobs and limiting the real or
aversion to eavesdropping, whereas confidentiality is perceived temptation to access information beyond a
more closely related to unintended disclosure of legitimate need; and
information. •Comprehensibility and control —ensuring that record
•There are numerous significant reasons to protect owners, data stewards, and patients understand and
privacy and confidentiality. One is that privacy and have effective control over appropriate aspects of
confidentiality are widely regarded as rights of all people information privacy and access.
which merits respect without need to be earned, argued,
or defended. Secondly, protection of privacy and Philippine Data Privacy Act of 2012
confidentiality is ultimately advantageous for both •Business Process Management, particularly involving
individuals and society. Patients are more likely to be Health Information Technology, is an increasingly
comfortable to share sensitive health care data when growing industry within the Philippine economy. With
they believe this information would not be shared total IT expenditure reaching $4.4 Billion in 2016, the
inappropriately. industry is forecasted to more than double itself by the
•This kind of trust is essential in establishing a successful year 2020. In addition, Filipinos utilize social media
physician-patient or nurse-patient relationship, and it heavily, with a whopping 3.5 Million users on LinkedIn,
enabled practitioners to perform their jobs better. 13 Million on Twitter, and 42.1 on Facebook (Wall, 2017).
•Privacy and confidentiality protection also benefits •Given the rapid evolution of the digital economy and
public health. When people are not afraid to disclose heightened international data trading, the Philippines
personal information, they are more inclined to seek out has decided to strengthen its privacy and security
professional assistance, and it will diminish the risk of protection by passing the Data Privacy Act of 2012, with
increasing untreated illnesses and spreading infectious an aim “to protect the fundamental human right of
diseases (Goodman, 2016). privacy, of communication while ensuring free flow of
information to promote innovation and growth.”
Levels of Security in the Hospital Information System (Republic Act. No. 10173, Ch. 1, Sec. 2).
•It is important to note that the types of safeguards you •The Data Privacy Act applies to individuals and legal
choose may be prescribed or restricted by law. Another entities that are in the business of processing personal
important consideration is the cost-benefit principle. If it information. The law applies extraterritorially, applying
is not cost effective for your practice to avail of an both to companies with offices in the Philippines, and
expensive technology to mitigate a risk to electronic even those located outside, but which use equipment
health information, an alternative may be requiring your based in the Philippines. It covers personal information
staff to follow a new administrative procedure that of Filipino citizens regardless of the place of residence.
equally reduces that risk. The main principles that govern the approach for the
•Conversely, if you cannot afford to place additional Data Privacy act include:
burden on your staff due to possibilities of human error, •Transparency;
you may choose to purchase a technology that •Legitimacy of purpose; and
automates the procedure in order to minimize the risk. •Proportionality.
•Regardless of the type of safeguard your practice •Consent is one of the major elements highly-valued by
chooses to implement, it is important to monitor its the Data Privacy Act. The act provides that consent must
effectiveness and regularly assess your health IT be documented and given prior to the collection of all
environment to determine if new risks are present.

JENNY ROSE YUCADDI 2


PROF: SIR RAMON GARCIA
HEALTH INFORMATION SYSTEM FOR MEDICAL LABORATORY SCIENCE
ICTM111 WEEK-16
forms of personal data, and the collection must be than Five million pesos (Php5,000,000.00) (Republic Act.
declared, specified, and for a legitimate purpose. No. 10173, Ch. 8, Sec. 33).
•Furthermore, the subject must be notified about the
purpose and extent of data processing, with details
specifying the need for automated processing, profiling,
direct marketing, or sharing. These factors ensure that
consent is freely-given, specific, and informed.
•However, an exception to the requirement of consent is
allowed in cases of contractual agreements where
processing is essential to pursue the legitimate interests
of the parties, except when overridden by fundamental
rights and freedom. Such is also the case in responding
to national emergencies.
•Processing of sensitive and personal information is also
forbidden, except in particular circumstances
enumerated below. The Data Privacy Act describes
sensitive personal information as those being:
•About an individual’s race, ethnic origin, marital status,
age, color, and religious, philosophical or political
affiliations;
•About an individual’s health, education, genetic or
sexual life of a person, or to any proceeding or any
offense committed or alleged to have committed;
•Issued by government agencies “peculiar” (unique) to
an individual, such as social security number;
•Marked as classified by executive order or act of
Congress.
•The exceptions are:
•Consent of the data subject;
•Pursuant to law that does not require consent;
•Necessity to protect life and health of a person;
•Necessity for medical treatment;
•Necessity to protect the lawful rights of data subjects in
court proceedings, legal proceedings, or regulation.
•The provisions of the law necessitate covered entities
to create privacy and security program to improve the
collection of data, limit processing to legitimate
purposes, manage access, and implement data retention
procedures.
Penalties
•The act provides for different penalties for varying
violations, majority of which include imprisonment.
These violations include:
a. Unauthorized processing
b. Processing for unauthorized purposes
c. Negligent access
d. Improper disposal
e. Unauthorized access or intentional breach
f. Concealment of breach involving sensitive personal
information
g. Unauthorized disclosure; and
h. Malicious disclosure.
i. Any combination or series of acts enumerated above
shall make the person subject to imprisonment ranging
from three (3) years to six (6) years, and a fine of not less
than One million pesos (Php1,000,000.00) but not more

JENNY ROSE YUCADDI 3

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