Sunday, July 29, 2012

Medical Privacy


Medical Privacy has caused many obstacles for the lack of communication between patients and doctors. Even after the health policies are enforced, there still exist problems considering privacy. It is vital because trust is a fundamental element in the process of doctor-patient relationship. Medical records consist of many embarrassing information that patients might not want it to be exposed. Without protection of privacy, patients will avoid health care services and plans. They will not bother to seek for help from doctors. These types of behaviors are detrimental to both personal and public health.
The HIPAA known as Health Insurance Portability and Accountability Act of 1996 is supposed to help patients, yet it created more inconvenience. This act should be implemented where it provides health services and plans where they can serve a meaning of safety for the patients as well as minors. There should be treatment, payment and health care operations when it is necessary. Patients should also have authorization of consent to whether or not they want to disclose their case from other parties. The medical record being taken note at that particular moment should have the consent of the patient to agree if share-able or not.
For the minors, US federal laws allow parents the right to access and control their children’s health information in most instances. According to HIPAA, this is a violation of minor medical privacy. (Anna 219) It does not make sense because minors have less protection and privacy. Therefore, there should be another implementation where there is a limit of access and control. Parents should have a limited amount of access for their children’s medical record until the children are at the right age to deny their parents’ access.
Concerning identity fraud, there could be an alternative where patients have Medical Data ID. This type of ID can access their personal data like any credit cards we use today. However, to prevent misconduct and protection of ID users, fingerprint identification and address should be verified before they can access their data. This can tighten the security and safety from third parties.
According to Willison of Medical Research Ethics, he examined and collected databases where patients give their consent about medical tracking. It is indicated that 38% of the eleven medical websites they visited do not need consent. (Willison, 310) Only two suggested a notification and opt-out process. However, outsiders that want the data have to have association with requirement for consent. This means that outsiders will not receive medical records unless they have a relationship with the patient. It is clear that illegal file-sharing of medical record is more secure now.

Work Cited  
Annas GJ. Medical privacy and medical research—judging the new federal regulations. N Engl J Med 2002. Web. 24 March 2012. 346(3):216-220.

 Willison DJ, Emerson C, Szala-Meneok KV, et al. Access to medical records for research purposes: varying perceptions across research ethics boards. J Med Ethics 2008. Web. 24 March 2012. 34(4):308-314.

When Stealing isn't stealing...

From this case, Megaupload is said to have committed a crime for theft. The Justice Department held the case stating that there are multiple copyright infringements. Violation of stealing and other crimes are being brought up about Megaupload. The company server is being held a stop because of such illegal acts. There are several complaints as well. Is it really a crime of theft for Megaupload?
    There are also misinterpretations of what is considered theft. They discussed that it is a crime if the item that is stolen is real and tangible. For example, if Person A steal a car from Person B. It is illegal because it is real and touchable. Person B loses something of a value while Person A gains. However, Megaupload is a closed website that uses to give users file hosting services. However it is not a real object where you can actually call it real and tangible. The many videos and files that it share are considered less tangible and it is has copyrights. It is considered a property for someone because it holds value.
    I agree that making use of another person’s file as their own is illegal without consent. However, Megaupload is for file hosting. The host cannot have access to the files unless they have to pay for some information. The information that is being shared can be from anyone. It is morally illegal to post information that is not causing much harm to users?
    For example, Google has multiple third party sites that it shares information with. In the browser, you can search up millions of pictures. Is it illegal to copy and paste that picture as your own? Almost everyone uses pictures from Google. I feel Megaupload is illegally using other information if they are creating harm to the users. Yet it is not their fault that users post up or download video on Megaupload. The host for posting up video should take some responsibility as well. The website cannot go wrong unless someone does something to it.  How can it be closed if the host did not start off with misleading ideas?