Hardback
Privacy and Medical Confidentiality in Healthcare
A Comparative Analysis
9781035309429 Edward Elgar Publishing
This seminal book delivers an international examination of the duty of medical confidentiality and a patient’s right to privacy in the face of contemporary threats such as cyber-security, patient autonomy, and the greater reliance on telemedicine post Covid-19 pandemic.
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Critical Acclaim
Contributors
Contents
More Information
This seminal book delivers an international examination of the duty of medical confidentiality and a patient’s right to privacy in the face of contemporary developments such as cyber-security, patient autonomy and the greater reliance on telemedicine post the Covid-19 pandemic.
Thierry Vansweevelt and Nicola Glover-Thomas bring together esteemed academics from across the globe to deliver an international perspective on medical confidentiality. Uniquely combining the concerns of patient privacy and data protection law, chapters are separated by global regions and outline a number of theoretical arguments supported by case-specific studies. Contributors assess which healthcare providers are bound by the duty of confidentiality, which information is secret, the exceptions to confidentiality, special cases such as genetics and privacy, and liability in cases of negligence.
Privacy and Medical Confidentiality in Healthcare will be of great interest to legal academics, students and researchers working in health law, data protection law and cyber law as well as scholars specialising in medicine and healthcare. The book’s focus on effective healthcare and protecting patient privacy will also benefit legal practitioners and professionals working in healthcare, social care and data management.
Thierry Vansweevelt and Nicola Glover-Thomas bring together esteemed academics from across the globe to deliver an international perspective on medical confidentiality. Uniquely combining the concerns of patient privacy and data protection law, chapters are separated by global regions and outline a number of theoretical arguments supported by case-specific studies. Contributors assess which healthcare providers are bound by the duty of confidentiality, which information is secret, the exceptions to confidentiality, special cases such as genetics and privacy, and liability in cases of negligence.
Privacy and Medical Confidentiality in Healthcare will be of great interest to legal academics, students and researchers working in health law, data protection law and cyber law as well as scholars specialising in medicine and healthcare. The book’s focus on effective healthcare and protecting patient privacy will also benefit legal practitioners and professionals working in healthcare, social care and data management.
Critical Acclaim
‘In an era where our health data is increasingly collected, shared, and exploited by a variety of actors—including, at times, without our knowledge or consent—Vansweevelt and Glover-Thomas offer a timely international comparative overview of how privacy and medical confidentiality are protected and promoted in healthcare, and how to attain an effective balance of interests between patients and medical professionals, and wider public interests. This is a must-read for all health privacy law scholars.’
– Edward S. Dove, University of Edinburgh, UK
– Edward S. Dove, University of Edinburgh, UK
Contributors
Contributors: Emily Baron, Nils Broeckx, Benedikt Buchner, Sylvester Chima, Filip Dewallens, Nicola Glover-Thomas, Metee Hartlev, Trudo Lemmens, Eiji Maruyama, Barry Solaiman, Ferdinand Temba, Stacey Tovino, Thierry Vansweevelt
Contents
Contents:
Foreword viii
1 Introduction: privacy and medical confidentiality in healthcare 1
Thierry Vansweevelt and Nicola Glover-Thomas
2 Privacy and health in Belgium 5
Thierry Vansweevelt, Nils Broeckx and Filip Dewallens
3 Privacy and health in Canada 24
Emily Baron and Trudo Lemmens
4 Privacy and health in Germany 55
Benedikt Buchner
5 Japanese law of privacy and health 72
Eiji Maruyama
6 Privacy and health in the Nordic countries 91
Mette Hartlev
7 Data protection, privacy, and confidentiality in Qatar’s
health system 114
Barry Solaiman
8 Privacy, medical confidentiality, and health in Tanzania 140
Ferdinand Marcel Temba
9 Patient confidentiality rules in South Africa: a legal and
ethical perspective 164
Sylvester C. Chima
10 Patient privacy and health information confidentiality in
the United States of America 241
Stacey A. Tovino
11 The obligation of medical confidence in the UK 271
Nicola Glover-Thomas
12 Comparative conclusions: towards a global vision of
privacy and medical confidentiality? 293
Thierry Vansweevelt and Nicola Glover-Thomas
Index 304
Foreword viii
1 Introduction: privacy and medical confidentiality in healthcare 1
Thierry Vansweevelt and Nicola Glover-Thomas
2 Privacy and health in Belgium 5
Thierry Vansweevelt, Nils Broeckx and Filip Dewallens
3 Privacy and health in Canada 24
Emily Baron and Trudo Lemmens
4 Privacy and health in Germany 55
Benedikt Buchner
5 Japanese law of privacy and health 72
Eiji Maruyama
6 Privacy and health in the Nordic countries 91
Mette Hartlev
7 Data protection, privacy, and confidentiality in Qatar’s
health system 114
Barry Solaiman
8 Privacy, medical confidentiality, and health in Tanzania 140
Ferdinand Marcel Temba
9 Patient confidentiality rules in South Africa: a legal and
ethical perspective 164
Sylvester C. Chima
10 Patient privacy and health information confidentiality in
the United States of America 241
Stacey A. Tovino
11 The obligation of medical confidence in the UK 271
Nicola Glover-Thomas
12 Comparative conclusions: towards a global vision of
privacy and medical confidentiality? 293
Thierry Vansweevelt and Nicola Glover-Thomas
Index 304