In a landmark move towards the organisation of data collection in the health sector, the health ministry has roped in the National Law School of India University, Bengaluru to draft a law in regards to medical information. The aforesaid medical information or data shall be collected only with the consent of the patient.
This law, which is initially being termed as the Healthcare Data Privacy and Security Act, will guarantee the right to privacy and confidentiality of the patient’s medical details. It also grants the patients the right to compensation if their data is leaked. The parties responsible for the leak will be subject to penal action.
The new facet of interoperable Electronic Health Records (EHR), is a vital part of the Digital India goal. However, this integrated health information platform and exchange is hurdle on the right to confidentiality of medical data.
Leak of private health data is a real threat, as it is in great demand in the pharmaceutical industry. Thus, a sector specific law is required to protect the e-health records of every individual.
The upcoming law is clear about the term, ‘breach of health data’, and suitable appellate authorities will be set up by central government to tackle the same.