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Outline Abstract Keywords 1. Introduction 2. The US medical data breach notification 3. The European approach 4. Conclusions Vitae
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Computer Law & Security Review Volume 28, Issue 2, April 2012, Pages 163-183
Medical data breaches: Notification delayed is notification denied Patrick Kierkegaard a, b Show more https://doi.org/10.1016/j.clsr.2012.01.003
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Abstract The EU and the United States have implemented data breach notification rules that cover the health sectors. Nevertheless, data breach incidents involving medical data continue to rise, especially in the US and the UK. The HITECH Act, Pub. L. 111-5 Title XIII is the first federal health breach notification law in the US to be characterized by less government intrusions, while the revised EU Privacy Directive, 2009/136/EC calls for tougher privacy protection for data held by electronic communication providers. While the EU law sets a global de facto standard, the law remains toothless without strong enforcement mechanisms.
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Keywords Data breach notification; Medical records; HITECH Act, Pub. L. 111-5 Title XIII; HIPA Act Pub. L. 104-191; Directive 2009/136/EC
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Vitae Patrick Kierkegaard(
[email protected]) PhD candidate, Department of Computer Science, University of Copenhagen; Member of the Executive Committee of the International Association of IT Lawyers (www.iaitl.org). Copyright © 2012 Patrick Kierkegaard. Published by Elsevier Ltd. All rights reserved.
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