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Journal articles on the topic 'Legal informatics'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Sorkin, David E. "Legal informatics." Journal of the American Society for Information Science 47, no. 5 (May 1996): 407. http://dx.doi.org/10.1002/(sici)1097-4571(199605)47:5<407::aid-asi18>3.0.co;2-x.

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2

Hinson, Christopher L. "Legal Informatics: Opportunities for Information Science." Journal of Education for Library and Information Science 46, no. 2 (2005): 134. http://dx.doi.org/10.2307/40323866.

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3

Petrenko, Lyudmyla. "System approach in legal informatics." Modeling and Information Systems in Economics, no. 97 (February 25, 2019): 164–74. http://dx.doi.org/10.33111/mise.97.17.

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4

Sharma, Sugam, and Reeta Sony A.L. "eLegalls: Enriching a Legal Justice System in the Emerging Legal Informatics and Legal Tech Era." International Journal of Legal Information 49, no. 1 (2021): 16–31. http://dx.doi.org/10.1017/jli.2021.9.

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AbstractThe research footprint of Information Technology (IT) in a legal system has not grown with the same pace as it has penetrated other domains. More specifically, in developing countries such as India, where the digitalization revolution is underway, the growth of legal informatics (LI) is still premature and very limited traces of IT can be observed to assist and elevate the legal system, which still functions very much in an old school way. The faster growth of population and the diminishing proportion of judicial executives and the deteriorating law and order situation along with declining human rights demand the urgent evolution of LI to grow at a very rapid pace to attain its maturity. However, the human harassments are pretty prevailing across the nation, but its intensity increases manifold when it comes to the law-enforcement agencies tasked with responsible policing, more specifically, the state police, which often operates with compromised work ethics. The situation becomes more appalling with a vulnerable population, especially women. As a result, such a population often does not muster enough courage to go to a police station to file their complaints despite acute mental and emotional pain. This is to avoid further trauma by police harassment and ergo a large number of cases go unnoticed. An underprivileged rape victim, who tries to file a report by going to a police station is a classic example of such a situation; where she is not only denied, but also gets harassed by insensitive police official(s) at the station; consequently, a good number of such victims do not go and their cases are not reported.In this research work, we have developed a computational framework, called eLegalls, an LI-enabled innovation, as an effective solution to the above stated issues. The eLegalls system facilitates users to file their reports to police in their geographic jurisdiction, through its efficient and secure interface without any in-person visit. The eLegalls will help the vulnerable population to avoid unwanted denial and impending harassment by the police official(s) at the police station. The system is also equipped with some secure and pertinent features for the lawyers or attorneys to efficiently advocate in assigned cases. The eLegalls is envisioned to eventually be a successful legal tech, effectively serving the community.

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Lee, Jootaek. "Legal Informatics: Metamorphosing Law Students into Legal Professionals Based on Empirical Evidence of Attorneys’ Information Seeking Behaviors*." International Journal of Legal Information 39, no. 1 (2011): 1–21. http://dx.doi.org/10.1017/s0731126500006041.

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The lack of more practical pedagogy prevents law students from changing and extending their cognitive maps until they have a real job, where they do research, draft documents, advocate, counsel, and negotiate. This study investigates the extension and enlargement of young lawyers’ cognitive maps and their process to resolve a difficult or uncertain situation.

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6

Shim, Woomin. "Artificial Intelligence and IT Legal System : Focusing on Implications of the Legal Informatics." Northeast Asian law journal 12, no. 1 (May 31, 2018): 55–86. http://dx.doi.org/10.19035/nal.2018.12.1.3.

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7

Bickerstaff, R. M., and M. O'Conor. "The millennium time bomb: legal considerations." Health Informatics Journal 3, no. 3-4 (December 1997): 129–41. http://dx.doi.org/10.1177/146045829700300305.

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8

Clements, Gaynor. "The millennium bomb: a legal perspective." Health Informatics Journal 3, no. 3-4 (December 1997): 190–94. http://dx.doi.org/10.1177/146045829700300317.

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9

Baltezarević, Ivana, and Radoslav Baltezarević. "The impact of communication in the virtual environment on legal informatics." Megatrend revija 17, no. 4 (2020): 27–40. http://dx.doi.org/10.5937/megrev2004027b.

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Legal informatics is created in the context of the application of computers in law. The study of legal communication has become increasingly interdisciplinary in recent years, and in addition to fields traditionally interested in legal language (such as philosophy and linguistics), this area encompasses other disciplines, such as economics, sociology, anthropology, and psychology. Communication in a virtual environment within legal informatics and the administration of justice faces the challenges posed by globalization, migration and the growing multilingualism in the legal domain, and includes key issues of equality in access to justice in more complex, multicultural societies. Social networks influence different aspects of modern life and have a profound impact on interpersonal communication. They will continue to integrate more and more into the normal human experience and increase the scope of the human communication process. Every traditional communication channel has its obvious advantages and organizations should continue to use it, but the Internet is a channel in continuous development that enjoys great attention and is used by more than one-third of the global population. The emergence and development of techniques provided by the viral marketing strategy, strongly supported and empowered by the development of digital technologies, have given the opportunity to lesser known brands to position themselves in the mind of a large number of consumers. This can be done by creating content that will "reach" to the public and in that way to motivate further transmit of the message, through social networks, about their impressions of the product or service to other family members, friends or colleagues. Social networks, but also the Internet in general, with their rapid development become an inevitable marketing medium that will become an important factor in the business of the companies in the near future. Marketing communication is changing more and more every day in the way it communicates with consumers. By monitoring trends and developing innovative marketing communication techniques on social networks, it is possible to respond to market demands more precisely and better understand and respond to the hidden needs and wishes of consumers. Legal informatics, which is considered to be the process of managing information about data related to the legal aspects of business, is increasingly dealing with communication and content of social network users. This topic, therefore, has led to the development of mobile application and other mobile device development services advancing to step into the realm of law. Also, legal informatics, but also law in general, play a major role in identifying and sanctioning unethical and illegal activities in a virtual environment, such as hate speech and cybercrime, which can have unforeseeable consequences for information technology users and organizations and their business.

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10

Mairinger, T., T. Netzer, A. Gschwendtner, and Ch Markl. "The legal situation of telemedicine in Austria." Journal of Telemedicine and Telecare 3, no. 3 (September 1, 1997): 154–57. http://dx.doi.org/10.1258/1357633971931066.

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Searches were conducted of two legal databases dealing with civil law in Austria. The searches produced 12 references relevant to telemedicine, which were obtained from a university legal library. From the literature, it can be concluded that Austrian civil regulations are sufficient to clarify the questions of liability arising in connection with the practice of telemedicine. Although no specific legislation has been enacted as yet, we would not expect such legislation to produce different results in the legal assessment of the case patterns discussed in this paper.

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11

Stanberry, B. "The legal and ethical aspects of telemedicine." Journal of Telemedicine and Telecare 4, no. 1_suppl (March 1998): 95–97. http://dx.doi.org/10.1258/1357633981931632.

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The medical challenge presented by telemedicine is for doctors to find satisfactory ways of doing their jobs from a distance. The legal and ethical challenge presented by telemedicine is to ensure that the very highest standards are met from the outset. This can be achieved only by the legal and medical professions learning to combine their expertise, rather than by the former adopting the adversarial stance that has come to punctuate its relationship with the latter in recent years.

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12

Walter, K. F. J. P., and G. F. Walter. "Legal Pitfalls in Teleneuropathology." Methods of Information in Medicine 42, no. 03 (2003): 255–59. http://dx.doi.org/10.1055/s-0038-1634365.

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Summary Objectives: This study aims to emphasize legal pitfalls, especially the often underestimated liability issues for both clients of telemedicine and “tele-doctors”. The main relevance of telemedicine lies in its capability to link medical practitioners and remote hospitals to larger or specialized facilities in a very fast electronic manner. This may become even more important due to current increases in subspecialization and the demand for more precise diagnosis and consultation in difficult cases. However, every potential user or client of telemedicine should keep in mind that several questions of law are involved. Methods: In this paper, two case studies representative of practical teleneuropathology scenarios are described. The assessment of the legal implications is focused on the personal liability of the teleneuropathologist. Results: The far-reaching personal liability of the teleneuropathologist can lead to situations in which neither the insurance of the hospital nor the private professional liability insurance could be called on to refund possible damages for health impairments of a patient. Conclusions: In Germany, a contractual exclusion of liability in health matters is not admissible. With regard to the European situation, international agreements such as a European telemedicine law could be conducive to the future border-crossing development of telemedicine though, to date, the legal competencies remain with the single member countries of the European Community.

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13

Zandesh, Zahra, Marjan Ghazisaeedi, Murthy V. Devarakonda, and Mohammad Sayad Haghighi. "Legal framework for health cloud: A systematic review." International Journal of Medical Informatics 132 (December 2019): 103953. http://dx.doi.org/10.1016/j.ijmedinf.2019.103953.

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14

Nash, Madeleine R., and Richard L. Faraino. "Internet Resources in Legal Medicine and Forensic Science." Medical Reference Services Quarterly 18, no. 1 (March 18, 1999): 59–68. http://dx.doi.org/10.1300/j115v18n01_06.

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15

Silverman, Ross D. "Current legal and ethical concerns in telemedicine and e-medicine." Journal of Telemedicine and Telecare 9, no. 1_suppl (June 2003): 67–69. http://dx.doi.org/10.1258/135763303322196402.

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summary Telemedicine and e-medicine have the potential to transform medical practice. However, while the benefits have long been known, many physicians and health systems have been reluctant to engage in such practices due to unresolved legal and ethical concerns. I conducted a systematic examination of US and European statutes, regulations and civil, criminal and administrative decisions pertaining to telemedicine and e-medicine, as well as a review of the ethical, legal and medical literature pertaining to the practice of telemedicine and e-medicine in the US and Europe. There appear to be four main areas of concern: the doctor-patient relationship; malpractice and cross-border licensure; standards; and reimbursement. The lack of generally agreed interstate and international standards of law and ethics means that telemedicine and e-medicine will continue to struggle to gain widespread support from providers, patients and regulatory bodies as an acceptable means of health service delivery. Progress may depend on federal and international leadership.

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16

Gilbert, Amy Lewis, and Stephen M. Downs. "Medical legal partnership and health informatics impacting child health: Interprofessional innovations." Journal of Interprofessional Care 29, no. 6 (June 29, 2015): 564–69. http://dx.doi.org/10.3109/13561820.2015.1029066.

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17

Bailey, Martha. "Legal issues relating to telemedicine in Canada's publicly funded health-care system." Journal of Telemedicine and Telecare 6, no. 1_suppl (February 2000): 140–42. http://dx.doi.org/10.1258/1357633001934456.

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The advent of telemedicine poses new legal challenges for Canada's health-care system. Although telemedicine increases access, it does not fit easily into Canada's traditional one-tier approach to healthcare. Cross-border telemedicine services may inadvertently contribute to a two-tier system. The current legal system will have to be adapted to accommodate changes instigated by cross-border telemedicine.

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18

Scheibner, James, Joanna Sleigh, Marcello Ienca, and Effy Vayena. "Benefits, challenges, and contributors to success for national eHealth systems implementation: a scoping review." Journal of the American Medical Informatics Association 28, no. 9 (June 21, 2021): 2039–49. http://dx.doi.org/10.1093/jamia/ocab096.

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Abstract Objective Our scoping review aims to assess what legal, ethical, and socio-technical factors contribute to or inhibit the success of national eHealth system implementations. In addition, our review seeks to describe the characteristics and benefits of eHealth systems. Materials and Methods We conducted a scoping review of literature published in English between January 2000 and 2020 using a keyword search on 5 databases: PubMed, Scopus, Web of Science, IEEEXplore, and ProQuest. After removal of duplicates, abstract screening, and full-text filtering, 86 articles were included from 8276 search results. Results We identified 17 stakeholder groups, 6 eHealth Systems areas, and 15 types of legal regimes and standards. In-depth textual analysis revealed challenges mainly in implementation, followed by ethico-legal and data-related aspects. Key factors influencing success include promoting trust of the system, ensuring wider acceptance among users, reconciling the system with legal requirements, and ensuring an adaptable technical platform. Discussion Results revealed support for decentralized implementations because they carry less implementation and engagement challenges than centralized ones. Simultaneously, due to decentralized systems’ interoperability issues, federated implementations (with a set of national standards) might be preferable. Conclusion This study identifies the primary socio-technical, legal, and ethical factors that challenge and contribute to the success of eHealth system implementations. This study also describes the complexities and characteristics of existing eHealth implementation programs, and suggests guidance for resolving the identified challenges.

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19

Thompson, Lindsay A., Erik Black, W. Patrick Duff, Nicole Paradise Black, Heidi Saliba, and Kara Dawson. "Protected Health Information on Social Networking Sites: Ethical and Legal Considerations." Journal of Medical Internet Research 13, no. 1 (January 19, 2011): e8. http://dx.doi.org/10.2196/jmir.1590.

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20

Stanberry, Ben. "The legal and ethical aspects of telemedicine. 3: Telemedicine and malpractice." Journal of Telemedicine and Telecare 4, no. 2 (June 1, 1998): 72–79. http://dx.doi.org/10.1258/1357633981931984.

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Summary This paper reviews the difficulties raised by the need to obtain valid consent from telemedicine patients to the treatment that they receive and evaluates the legal principles that the courts will apply to an allegation of negligence brought against a teleconsultant or telemedicine service by a patient. While many of the processes that take place during a telemedical consultation will be unique, it is suggested that the legal principles that apply to the conventional, face-to-face, doctor-patient relationship are equally as valid in the context of the practice of medicine at a distance.

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21

Schmit, Cason D., Sarah A. Wetter, and Bita A. Kash. "Falling short: how state laws can address health information exchange barriers and enablers." Journal of the American Medical Informatics Association 25, no. 6 (November 2, 2017): 635–44. http://dx.doi.org/10.1093/jamia/ocx122.

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Abstract Objective Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. Materials and Methods We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Results Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Discussion Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. Conclusion The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

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22

Rai, Priya, and Akash. "The ‘Free Access to Law Movement’ in India: Supporting Legal Education, Research and Practice." Legal Information Management 15, no. 3 (September 2015): 178–83. http://dx.doi.org/10.1017/s1472669615000444.

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AbstractThe internet and the World Wide Web (www) has allowed the free flow of information across countries. Peter Martin and Tom Bruce from Cornell Law School pioneered the development of the ‘Free Access to Law Movement’ around the world. The Australian Legal Information Institute and various other Legal Information Institutes (LIIs) were established by adopting the Montreal Declaration at the Law via Internet Conference held in 2002. As a member of the United Nations, India adopted the UNESCO policy guidelines for the development and promotion of governmental public domain information. In India, the National Informatics Centre has played a leading role in supporting the maintenance and dissemination of Indian government public information that is useful for legal education, research and practice. This paper by Priya Rai, and Akash, gives a brief informative overview of the ‘free access to law movement’ resources pertaining to India. These resources have been categorised for easier understanding: parliamentary resources, legislative resources, case laws, law reform reports, international treaties and legal scholarship and journals. The article also provides an overview of the Legal Information Institute of India extending its contribution to disseminating Indian legal information.

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23

Lee, Ju Yoen. "Korean court cases regarding research and publication ethics from 2009 to 2020." Science Editing 8, no. 1 (February 20, 2021): 98–103. http://dx.doi.org/10.6087/kcse.236.

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Research and publication misconduct may occur in various forms, including author misrepresentation, plagiarism, and data fabrication. Research and publication ethics are essentially not legal duties, but ethical obligations. In reality, however, legal disputes arise over whether research and publication ethics have been violated. Thus, in many cases, misconduct in research and publication is determined in the courts. This article presents noteworthy legal cases in Korea regarding research and publication ethics to help editors and authors prevent ethical misconduct. Legal cases from 2009 to 2020 were collected from the database of the Supreme Court of Korea in December 2020. These court cases represent three case types: 1) civil cases, such as affirmation of nullity of dismissal and damages; 2) criminal cases, such as fraud, interference with business, and violations of copyright law; and 3) administrative cases related to disciplinary measures against professors affiliated with a university. These cases show that although research and publication ethics are ethical norms that are autonomously established by the relevant academic societies, they become a criterion for case resolution in legal disputes where research and publication misconduct is at issue.

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24

Stanberry, Ben, Guy Rossignol, and Phillippe Menke. "Contracting with health-care customers and specialists for the provision of telemedicine services across European borders: The TEN– Telemed legal project." Journal of Telemedicine and Telecare 6, no. 1_suppl (February 2000): 104–6. http://dx.doi.org/10.1258/1357633001934339.

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Two generic contract models have been developed to resolve the legal and ethical issues that arise when contracting for telemedicine services across Europe. Model 1 relates to the risks and responsibilities of the expert providing the specialist opinion and the telemedicine service organization, while model 2 outlines the risks and responsibilities from the perspective of the client seeking the advice and (again) the telemedicine service organization. These contracts express the legal rights and responsibilities of each of the parties involved.

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25

Brumen, Bostjan, Marjan Heričko, Andrej Sevčnikar, Jernej Završnik, and Marko Hölbl. "Outsourcing Medical Data Analyses: Can Technology Overcome Legal, Privacy, and Confidentiality Issues?" Journal of Medical Internet Research 15, no. 12 (December 16, 2013): e283. http://dx.doi.org/10.2196/jmir.2471.

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26

Costanza-Sheedy, Linda. "A review of the legal and regulatory issues in telehealth and telenursing." Journal of Telemedicine and Telecare 6, no. 1_suppl (February 2000): 196. http://dx.doi.org/10.1258/1357633001934654.

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27

Sims, Max H., Margie Hodges Shaw, Seth Gilbertson, Joseph Storch, and Marc W. Halterman. "Legal and ethical issues surrounding the use of crowdsourcing among healthcare providers." Health Informatics Journal 25, no. 4 (September 7, 2018): 1618–30. http://dx.doi.org/10.1177/1460458218796599.

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As the pace of medical discovery widens the knowledge-to-practice gap, technologies that enable peer-to-peer crowdsourcing have become increasingly common. Crowdsourcing has the potential to help medical providers collaborate to solve patient-specific problems in real time. We recently conducted the first trial of a mobile, medical crowdsourcing application among healthcare providers in a university hospital setting. In addition to acknowledging the benefits, our participants also raised concerns regarding the potential negative consequences of this emerging technology. In this commentary, we consider the legal and ethical implications of the major findings identified in our previous trial including compliance with the Health Insurance Portability and Accountability Act, patient protections, healthcare provider liability, data collection, data retention, distracted doctoring, and multi-directional anonymous posting. We believe the commentary and recommendations raised here will provide a frame of reference for individual providers, provider groups, and institutions to explore the salient legal and ethical issues before they implement these systems into their workflow.

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Tigerstrom, Barbara Von. "Current developments in Canadian privacy and information law: Implications for telehealth." Journal of Telemedicine and Telecare 6, no. 2_suppl (August 2000): 83–85. http://dx.doi.org/10.1258/1357633001935716.

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An appropriate legal regime protecting privacy of personal information is an important element in assuring public confidence in telehealth initiatives while at the same time avoiding undue restrictions or difficulties for those implementing these technologies. In Canada there are several sources of legal protection of personal information but there is increasing emphasis on legislation. A bill recently passed by the Canadian House of Commons is expected have a significant impact on the way personal information, including health information, is handled in the private sector.

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Lehmann, Harold. "The Informatics Stack: A Heuristic Tool for Informatics Teaching." Methods of Information in Medicine 56, S 01 (January 2017): e129-e133. http://dx.doi.org/10.3414/me16-01-0152.

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Summary Objective: To develop a heuristic framework for students to organize and apply the many concepts of informatics for rapid use. Method: Organization of curriculum material and recurrent refinement by student feedback. An Informatics Stack was developed based on several existing informatics and software-development frameworks comprising several levels of abstraction, from what a system is supposed to accomplish (4 levels) to how it accomplishes it (5 levels). At each level, there are specific concerns, types of interoperability, ethical and legal issues, testing and evaluation approaches and methods, and relevant scientific disciplines, and privacy (upper 5 levels), confidentiality (middle 3 levels), and security (lower 4 levels ) concerns whose levels overlap. An 8-week Introduction to Informatics course was taught for 6 years to masters students of informatics and of public health, based on the Stack, with a Final Project continually filled in during the course, where students applied the Stack to existing reports describing health information systems and their deployments. Results: Student feedback from 538 students working in 116 groups over 6 years shows near-universal appreciation that the Stack helped to organize their review of the report. Each student, from a wide variety of backgrounds, identified some level of the Stack as something they might have otherwise missed, and all levels were invoked by some student. Attributes identified by the students as missing from the Stack concerned the practicalities of system development. Conclusion: The Stack is a broadly-encompassing heuristic whose application can be learned and applied by students from a wide variety of backgrounds in an 8-week course.

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Nittari, Giulio, Ravjyot Khuman, Simone Baldoni, Graziano Pallotta, Gopi Battineni, Ascanio Sirignano, Francesco Amenta, and Giovanna Ricci. "Telemedicine Practice: Review of the Current Ethical and Legal Challenges." Telemedicine and e-Health 26, no. 12 (December 1, 2020): 1427–37. http://dx.doi.org/10.1089/tmj.2019.0158.

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Leuwol, Chrisna Arwiandra, Ludevikus Limdianda, and Arjuna Rizky Dwi Krisnayana. "Legal Protection of Song Copyrights in Digital Form." Media Iuris 3, no. 1 (May 15, 2020): 1. http://dx.doi.org/10.20473/mi.v3i1.17850.

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The development of advanced technology and faster, ease of accessing the virtual world leads to equal public access to information collected on the internet, one of which is a song, a recording of rhythmic sound that was originally shaped physics from the record vinyl then to become a tape cassette for radio tape and now evolved along with technology into digital media like DVD, Flash disk, and Hard disk. The Internet connects the global world to a single location. Based on this case KEMENKOMINFO (Ministry of Communication and Informatics) has attempted to enforce the closure of a number of sites that commit illegal acts such as uploading, downloading and reproduction of songs on the internet without the permission of the author and copyright holder. From the problematic law is written this thesis about copyright protection of songs on the internet, what the copyright standards of songs on the internet together with the form of copyright infringement of songs on the internet and recovery efforts.

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32

Rodrigues, Roberto J. "Ethical and Legal Issues in Interactive Health Communications: A Call for International Cooperation." Journal of Medical Internet Research 2, no. 1 (March 31, 2000): e8. http://dx.doi.org/10.2196/jmir.2.1.e8.

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33

Stanberry, Ben. "The legal and ethical aspects of telemedicine. 4: Product liability and jurisdictional problems." Journal of Telemedicine and Telecare 4, no. 3 (September 1, 1998): 132–39. http://dx.doi.org/10.1258/1357633981932109.

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The use of telemedicine brings with it the risk that the human factor-the teleconsultant-will fail to reach the standard of care that the law requires of medical professionals. It also brings the risk that the telemedical equipment or system will fail at a crucial moment. Such risks, of course, are inherent in many aspects of medical care but in telemedicine, at the interface between communications technology and health care, one must consider not only who is liable for failure, but under which country's laws will that liability be determined. This final review article describes the challenges facing manufacturers and their customers in providing safe, properly endorsed telemedicine systems. The problem of which country's laws should apply to a cross-border teleconsultation is also reviewed.

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34

Becker, Regina, Adrian Thorogood, Johan Ordish, and Michael J. S. Beauvais. "COVID-19 Research: Navigating the European General Data Protection Regulation." Journal of Medical Internet Research 22, no. 8 (August 27, 2020): e19799. http://dx.doi.org/10.2196/19799.

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Researchers must collaborate globally to rapidly respond to the COVID-19 pandemic. In Europe, the General Data Protection Regulation (GDPR) regulates the processing of personal data, including health data of value to researchers. Even during a pandemic, research still requires a legal basis for the processing of sensitive data, additional justification for its processing, and a basis for any transfer of data outside Europe. The GDPR does provide legal grounds and derogations that can support research addressing a pandemic, if the data processing activities are proportionate to the aim pursued and accompanied by suitable safeguards. During a pandemic, a public interest basis may be more promising for research than a consent basis, given the high standards set out in the GDPR. However, the GDPR leaves many aspects of the public interest basis to be determined by individual Member States, which have not fully or uniformly made use of all options. The consequence is an inconsistent legal patchwork that displays insufficient clarity and impedes joint approaches. The COVID-19 experience provides lessons for national legislatures. Responsiveness to pandemics requires clear and harmonized laws that consider the related practical challenges and support collaborative global research in the public interest.

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35

James, A. Everette, Jon J. Erickson, Frank E. Carroll, David R. Pickens, Richard Zaner, and John C. Chapman. "Medical image management: Practical, legal and ethical considerations." Computers in Biology and Medicine 16, no. 4 (January 1986): 247–57. http://dx.doi.org/10.1016/0010-4825(86)90008-9.

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36

Stanberry, Benedict. "Legal ethical and risk issues in telemedicine." Computer Methods and Programs in Biomedicine 64, no. 3 (March 2001): 225–33. http://dx.doi.org/10.1016/s0169-2607(00)00142-5.

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37

Choquet, R., and C. Daniel. "Clinical Research Informatics Contributions from 2015." Yearbook of Medical Informatics 25, no. 01 (August 2016): 219–23. http://dx.doi.org/10.15265/iy-2016-044.

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Summary Objectives: To summarize key contributions to current research in the field of Clinical Research Informatics (CRI) and to select best papers published in 2015. Method: A bibliographic search using a combination of MeSH and free terms search over PubMed on Clinical Research Informatics (CRI) was performed followed by a double-blind review in order to select a list of candidate best papers to be then peer-reviewed by external reviewers. A consensus meeting between the two section editors and the editorial team was finally organized to conclude on the selection of best papers. Results: Among the 579 returned papers published in the past year in the various areas of Clinical Research Informatics (CRI) - i) methods supporting clinical research, ii) data sharing and interoperability, iii) re-use of healthcare data for research, iv) patient recruitment and engagement, v) data privacy, security and regulatory issues and vi) policy and perspectives - the full review process selected four best papers. The first selected paper evaluates the capability of the Clinical Data Interchange Standards Consortium (CDISC) Operational Data Model (ODM) to support the representation of case report forms (in both the design stage and with patient level data) during a complete clinical study lifecycle. The second selected paper describes a prototype for secondary use of electronic health records data captured in non-standardized text. The third selected paper presents a privacy preserving electronic health record linkage tool and the last selected paper describes how big data use in US relies on access to health information governed by varying and often misunderstood legal requirements and ethical considerations. Conclusions: A major trend in the 2015 publications is the analysis of observational, “nonexperimental” information and the potential biases and confounding factors hidden in the data that will have to be carefully taken into account to validate new predictive models. In addiction, researchers have to understand complicated and sometimes contradictory legal requirements and to consider ethical obligations in order to balance privacy and promoting discovery.

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Cammelli, Antonio, and Fiorenza Socci. "Informatics for the Law: LEXIS—A legal expert system on Italian family law." Expert Systems with Applications 4, no. 4 (January 1992): 409–14. http://dx.doi.org/10.1016/0957-4174(92)90133-d.

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Stanberry, Ben. "The legal and ethical aspects of telemedicine. 2: Data protection, security and European law." Journal of Telemedicine and Telecare 4, no. 1 (March 1, 1998): 18–24. http://dx.doi.org/10.1258/1357633981931236.

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The electronic record may be subject to abuses that can be carried out on a large scale and cause great damage. A wide range of data protection and information security measures will need to be taken to ensure the quality and integrity of such records. A European Union directive was formally adopted in 1995 which sets the obligations of those responsible for data processing as well as a number of important rights for individuals. The responsible teleconsultant or medical officer, as the data controller, must make sure these measures are enforced. In the case of the transmission of medical records to another location, the original data controller may remain liable for abuses. But as different elements of the records are spread throughout the different departments of a hospital or across different geographical locations, it may become difficult to ascertain who is responsible for protecting and controlling what. To this end, the designation of liability by contractual means, between the hospitals and remote users of a telemedicine network, would be the clearest and most straightforward way of achieving uniformity and predictability in terms of the distribution of responsibility for data protection and security.

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Parimbelli, E., B. Bottalico, E. Losiouk, M. Tomasi, A. Santosuosso, G. Lanzola, S. Quaglini, and R. Bellazzi. "Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders." International Journal of Medical Informatics 112 (April 2018): 90–98. http://dx.doi.org/10.1016/j.ijmedinf.2018.01.012.

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Scheibner, James, Jean Louis Raisaro, Juan Ramón Troncoso-Pastoriza, Marcello Ienca, Jacques Fellay, Effy Vayena, and Jean-Pierre Hubaux. "Revolutionizing Medical Data Sharing Using Advanced Privacy-Enhancing Technologies: Technical, Legal, and Ethical Synthesis." Journal of Medical Internet Research 23, no. 2 (February 25, 2021): e25120. http://dx.doi.org/10.2196/25120.

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Multisite medical data sharing is critical in modern clinical practice and medical research. The challenge is to conduct data sharing that preserves individual privacy and data utility. The shortcomings of traditional privacy-enhancing technologies mean that institutions rely upon bespoke data sharing contracts. The lengthy process and administration induced by these contracts increases the inefficiency of data sharing and may disincentivize important clinical treatment and medical research. This paper provides a synthesis between 2 novel advanced privacy-enhancing technologies—homomorphic encryption and secure multiparty computation (defined together as multiparty homomorphic encryption). These privacy-enhancing technologies provide a mathematical guarantee of privacy, with multiparty homomorphic encryption providing a performance advantage over separately using homomorphic encryption or secure multiparty computation. We argue multiparty homomorphic encryption fulfills legal requirements for medical data sharing under the European Union’s General Data Protection Regulation which has set a global benchmark for data protection. Specifically, the data processed and shared using multiparty homomorphic encryption can be considered anonymized data. We explain how multiparty homomorphic encryption can reduce the reliance upon customized contractual measures between institutions. The proposed approach can accelerate the pace of medical research while offering additional incentives for health care and research institutes to employ common data interoperability standards.

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Lodatko, Ye A. "Definition of a didactically expedient continuum in informatics for future primary school teachers." Informatics in school, no. 2 (April 27, 2021): 5–8. http://dx.doi.org/10.32517/2221-1993-2021-20-2-5-8.

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The article analyzes modern preconditions that determine specific features of a future primary school teacher's Informatics training, which is necessary for teaching Informatics to younger students. An approach to determining the content of a future primary school teacher's Informatics training, focused on understanding the socio-cultural significance of modern digital technologies for sustainable development of society and sufficient for the assimilation of Informatics concepts and procedures that are directly related to the content of the school Informatics course and its methodological support is substantiates in the article. The necessity of focusing the attention of future primary school teachers on information technologies that are widespread in everyday life and significantly simplify the achievement of program learning outcomes. The necessity of mastering by teachers the skills of handling algorithmic procedures, the use of block diagrams for the visual presentation of algorithmic procedures, the use of simple categorical syllogisms and inference rules in the construction of inferences, reference to evaluative procedures and legal norms of information interaction is argued.

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Stanberry, Ben. "The legal and ethical aspects of telemedicine. 1: Confidentiality and the patient's rights of access." Journal of Telemedicine and Telecare 3, no. 4 (December 1, 1997): 179–87. http://dx.doi.org/10.1258/1357633971931101.

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This paper reviews the principle of confidentiality and the rights of access by patients to their medical records. Confidentiality has been germane to the ethics of medical practice since the time of Hippocrates but the nature of the legal obligation of confidence does not have such a clear pedigree. The introduction of crossborder telemedical consultations presents a very real danger to maintaining the confidentiality of medical data. While both the common law and statute law can be used to prevent the unauthorized interception and disclosure of medical data and protect the patient's rights of access and ownership in the UK, it is the harmonization regime of the European Union that will bring comprehensive regulation and legal clarity to the protection of patients' rights within an increasingly international medical super-specialty'.

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Terry, Nicolas P. "Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics." Journal of Medical Internet Research 2, no. 3 (September 19, 2000): e18. http://dx.doi.org/10.2196/jmir.2.3.e18.

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De Sutter, Evelien, Drieda Zaçe, Stefania Boccia, Maria Luisa Di Pietro, David Geerts, Pascal Borry, and Isabelle Huys. "Implementation of Electronic Informed Consent in Biomedical Research and Stakeholders’ Perspectives: Systematic Review." Journal of Medical Internet Research 22, no. 10 (October 8, 2020): e19129. http://dx.doi.org/10.2196/19129.

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Background Informed consent is one of the key elements in biomedical research. The introduction of electronic informed consent can be a way to overcome many challenges related to paper-based informed consent; however, its novel opportunities remain largely unfulfilled due to several barriers. Objective We aimed to provide an overview of the ethical, legal, regulatory, and user interface perspectives of multiple stakeholder groups in order to assist responsible implementation of electronic informed consent in biomedical research. Methods We conducted a systematic literature search using Web of Science (Core collection), PubMed, EMBASE, ACM Digital Library, and PsycARTICLES. PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) guidelines were used for reporting this work. We included empirical full-text studies focusing on the concept of electronic informed consent in biomedical research covering the ethical, legal, regulatory, and user interface domains. Studies written in English and published from January 2010 onward were selected. We explored perspectives of different stakeholder groups, in particular researchers, research participants, health authorities, and ethics committees. We critically appraised literature included in the systematic review using the Newcastle-Ottawa scale for cohort and cross-sectional studies, Critical Appraisal Skills Programme for qualitative studies, Mixed Methods Appraisal Tool for mixed methods studies, and Jadad tool for randomized controlled trials. Results A total of 40 studies met our inclusion criteria. Overall, the studies were heterogeneous in the type of study design, population, intervention, research context, and the tools used. Most of the studies’ populations were research participants (ie, patients and healthy volunteers). The majority of studies addressed barriers to achieving adequate understanding when using electronic informed consent. Concerns shared by multiple stakeholder groups were related to the security and legal validity of an electronic informed consent platform and usability for specific groups of research participants. Conclusions Electronic informed consent has the potential to improve the informed consent process in biomedical research compared to the current paper-based consent. The ethical, legal, regulatory, and user interface perspectives outlined in this review might serve to enhance the future implementation of electronic informed consent. Trial Registration PROSPERO International Prospective Register of Systematic Reviews CRD42020158979; https://www.crd.york.ac.uk/prospero/display_record.php?RecordID=158979

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Klaver, Nicky Sabine, Joris van de Klundert, Roy Johannes Gerardus Maria van den Broek, and Marjan Askari. "Relationship Between Perceived Risks of Using mHealth Applications and the Intention to Use Them Among Older Adults in the Netherlands: Cross-sectional Study." JMIR mHealth and uHealth 9, no. 8 (August 30, 2021): e26845. http://dx.doi.org/10.2196/26845.

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Background Considering the increasing demand for health services by older people and the ongoing COVID-19 pandemic, digital health is commonly viewed to offer a pathway to provide safe and affordable health services for older adults, thus enabling self-management of their health while health care systems are struggling. However, several factors cause older people to be particularly reluctant to adopt digital health technologies such as mobile health (mHealth) tools. In addition to previously studied technology acceptance factors, those related to perceived risks of mHealth use (eg, leakage of sensitive information or receiving incorrect health recommendations) may further diminish mHealth adoption by older adults. Objective The aim of this study was to explore the relationship between perceived risks of using mHealth applications and the intention to use these applications among older adults. Methods We designed a cross-sectional study wherein a questionnaire was used to collect data from participants aged 65 years and older in the Netherlands. Perceived risk was divided into four constructs: privacy risk, performance risk, legal concern, and trust. Linear regression analyses were performed to determine the associations between these perceived risk constructs and the intention to use mHealth applications. Results Linear regression per perceived risk factor showed that each of the four constructs is significantly associated with the intention to use mobile medical applications among older adults (adjusted for age, sex, education, and health status). Performance risk (β=–.266; P=<.001), legal concern (β=–.125; P=.007), and privacy risk (β=–.100; P=.03) were found to be negatively correlated to intention to use mHealth applications, whereas trust (β=.352; P=<.001) was found to be positively correlated to the intention to use mHealth applications. Conclusions Performance risk, legal concern, and privacy risk as perceived by older adults may substantially and significantly decrease their intention to use mHealth applications. Trust may significantly and positively affect this intention. Health care professionals, designers of mHealth applications, and policy makers can use these findings to diminish performance risks, and tailor campaigns and applications to address legal and privacy concerns and promote mHealth uptake and health care access for older adults, especially during the COVID-19 pandemic.

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Bradshaw, Lori. "The Librarian's Legal Companion for Licensing Information Resources and Services, by Tomas A. Lipinski." Medical Reference Services Quarterly 32, no. 4 (October 2013): 475–76. http://dx.doi.org/10.1080/02763869.2013.837743.

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Wilburn, Amber. "Nursing Informatics: Ethical Considerations for Adopting Electronic Records." NASN School Nurse 33, no. 3 (May 31, 2017): 150–53. http://dx.doi.org/10.1177/1942602x17712020.

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School districts are commonly adopting electronic storage systems, including electronic health records. Included in this adoption is a move toward cloud-based record storage systems to handle the increasing volumes of data. Deciding which system to adopt is especially difficult in times of tightening school district budgets. While there are several options to consider, including the outright purchase of a proprietary system or choosing one of a relatively new group of free programs, lead nurses must work to ensure that student information is protected and that any chosen system complies with privacy laws. This article provides a case study and presents legal and ethical considerations related to maintaining the privacy of health records in the school setting.

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Kaplan, Bonnie. "REVISITING HEALTH INFORMATION TECHNOLOGY ETHICAL, LEGAL, and SOCIAL ISSUES and EVALUATION: TELEHEALTH/TELEMEDICINE and COVID-19." International Journal of Medical Informatics 143 (November 2020): 104239. http://dx.doi.org/10.1016/j.ijmedinf.2020.104239.

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Adams, Samantha A., and Carolyn Petersen. "Precision medicine: opportunities, possibilities, and challenges for patients and providers." Journal of the American Medical Informatics Association 23, no. 4 (March 14, 2016): 787–90. http://dx.doi.org/10.1093/jamia/ocv215.

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Abstract Precision medicine approaches disease treatment and prevention by taking patients’ individual variability in genes, environment, and lifestyle into account. Although the ideas underlying precision medicine are not new, opportunities for its more widespread use in practice have been enhanced by the development of large-scale databases, new methods for categorizing and representing patients, and computational tools for analyzing large datasets. New research methods may create uncertainty for both healthcare professionals and patients. In such situations, frameworks that address ethical, legal, and social challenges can be instrumental for facilitating trust between patients and providers, but must protect patients while not stifling progress or overburdening healthcare professionals. In this perspective, we outline several ethical, legal, and social issues related to the Precision Medicine Initiative’s proposed changes to current institutions, values, and frameworks. This piece is not an exhaustive overview, but is intended to highlight areas meriting further study and action, so that precision medicine’s goal of facilitating systematic learning and research at the point of care does not overshadow healthcare’s goal of providing care to patients.

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