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THEME lll: Ethical & Legal Issues
Why is this research important? [top]
With the rapid growth of health information technology,
it is important to articulate the legal rights and responsibilities
of information providers and users. Both parties need to
understand the benefits and risks in this area, as well
as the ways Canadian law does or does not protect them.
Theme lll brings insights from Themes l and ll into the
framework of ethical and legal concerns.
Findings will generate a greater understanding of these
issues and will inform:
- Policy recommendations for the use of the Internet and
other information technologies in the health sector
- Resources such as legal guidelines for community groups
providing public access to health information
- Public documents about citizens' information rights
under current Canadian law
What is being studied? [top]
Findings from Themes l and ll will help identify legal and
ethical issues related to:
- Intellectual Property
- Liability
- Privacy
- Confidentiality
- Security
Research will address ethical questions such as:
- Is it ethical to invest in new information technology
systems when there is little evidence of their effectiveness?
- Who has the right to use health information data once
it is collected and for what purposes?
- What are the ethical implications of an information
system that removes a patient's ability to retrieve their
own medication while hospitalized?
- How does information technology influence the ethics
of work? For example, what does a computerized health
system, that tracks staff actions, do to personal accountability
in the workplace?
- How are the categories of technological standardization
chosen? What are the implications of these choices? What
information do the categories include and exclude?
- What happens when information technology removes unique
situations from their local context?
Research will address legal questions such as:
- Who can be sued in cases of privacy violations or in
matters of liability? For example, who is liable if a
patient is diagnosed via video-conference - the doctor
in the location with the patient or the 'remote' doctor?
- What legal issues arise when health information technology
is used in the surveillance of employees?
- What privacy standards should be put in place to protect
patient privacy? How will this be decided?
- How will intellectual property rights be handled in
relation to health information technology?
- If private companies are required to collect data, do
they have the right to sell it?
- What issues might arise when electronic health records
are shared across jurisdictions?
About Theme III Sub-Projects [top]
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