Data Protection Laws, an Ocean Apart

American citizens are like just like EU citizens: they want the same strong rights to control personal information online, especially health information.

See the letter Patient Privacy Rights and other NGOs signed supporting the EU’s tough requirements for data protection.  The letter urges the US government policy makers to support the same tough data protections for US citizens, also embodied in the protections President Obama laid out in the “Consumer Privacy Bill of Rights”.

Unfortunately, the “Consumer Privacy Bill of Rights” exempts all health data, leaving the flawed HIPAA Privacy Rule that eliminates our control over personal health data in effect. The 563 page Omnibus Privacy Rules adds strong data security protections and stronger enforcement of violations for some health data holders and users, but not all. But it does not restore patients’ rights to consent before personal health information is accessed or used, even though the right to control health information has been the law of land for centuries and is the key ethic in the Hippocratic Oath (requires doctors to keep information private and not share it without consent).

US citizens will not trust their physicians or electronic health systems unless they control who can see and use their records, from diagnoses to DNA to prescriptions.

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