Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India: Legal Edifice

Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India: Legal Edifice

Varinder Singh (Guru Nanak Dev University, India) and Shikha Dhiman (Panjab University, India)
Copyright: © 2019 |Pages: 19
DOI: 10.4018/978-1-5225-7952-6.ch004

Abstract

The framers of Indian Constitution were very much cognizant about the significance of human nobility and worthiness and hence they incorporated the “right to life and personal liberty” in the Constitution of India. Right to life is considered as one of the primordial fundamental rights. There is no doubt that Indian Judiciary has lived up to the expectations of the Constitution framers, both in interpreting and implementing Article 21 initially, but there are still a few complications left as to the viability of Article 21 in modern times. Looking at the wider arena of right to life, it can be articulated that broader connotation of “right to life” aims at achieving the norms of “privacy” as well.
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Global Perspective

The shielding and safeguarding of biomedical information has become a concern at global level. Every country focuses upon certain aspects of an individual to protect his or her information thereby securing his or her privacy, in whatever field so. Universally, many legislations have been made in order preserve such rights of the person. Few of the legislations of different nations are highlighted as under, as to how they deal with security and privacy provisions of their citizens or people residing in such countries.

United States of America

In United States of America, healthcare systems are viewed as one of the most appropriate factors in ensuring the security and privacy of one’s life. In order to conduct any diagnose, patients are required to disclose their true medical information. But however, such information needs to be protected in any form. In order to protect and safeguard such information, there has been recently enacted Health Insurance Portability and Accountability Act (HIPAA) for providing healthcare applications to patients (Appari et al, 2010). Apart from HIPAA, United States healthcare systems have formed many other legislations such as Health Maintenance Organisation Act 1973. Moreover, there also have been Privacy and Security Rules for the protection of biomedical information formed under HIPAA in 1996. This is how the security and confidentiality of biomedical information is protected in a country like United States of America.

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