The protection of the patient's private life: the computer challenge. Second part.
Today, medical practice is invaded by a growing number of technologies of all kinds, among which computer techniques have an important place. Although they have significant advantages, for instance in terms of medical record management, they give rise to several problems, particularly concerning the confidentiality of the patient's data with regards to third party. A great number of specific provisions, complementary to the general texts protecting private life (examined in the first part of this two parts article), endeavour to solve these problems. It is true that these provisions are recent, have various origins and often appear as rules difficult to understand. Yet, they are partially inspired by a common logic. Relying on these common features, the authors make two suggestions for the future, in order to avoid that the growing computerisation of medical practice eventually destabilises the health care relationship: a) Any dictatorship of confidentiality must be rejected b) Stimulating a sense of professionalism is most likely the way to avoid an anarchic and unrealistic development of rules aimed at regulating the health care relationship.
Van Overstraeten
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U.C.L.-Faculté de droit Département de droit public, boîte no. 37 Place Montesquieu 2 1348 Louvain-la-Neuve. vanoverstraeten@publ.ucl.ac.be
Michel
Luc
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D003201:Computers / Q000941:ethics*; D003219:Confidentiality / Q000941:ethics; D026690:Ethics, Clinical; D004995:Ethics, Professional; D006801:Humans; D016347:Medical Records Systems, Computerized / Q000941:ethics*