Legal Issues

REPORT: Putting eHealth in its European Legal Context

In: eHealthNes.eu
16 Apr 2008
The term eHealth, although now quite current in Europe and, indeed, throughout the world, still is rather new, making its first appearances in the scientific and policy literature around 1999. Its predecessors, however, date back to the 1960s when the concepts of health informatics and bio-medical computing began to occupy the minds of academic physicists, mathematicians, and medics.
The 1960s and 1970s saw the development of computing technology for mathematical modeling applied to the healthcare setting, along with highly specialized, tailor-made programmes for complex medical models. The early 1990s saw the beginnings of the IT revolution, which took us from the back roads to the super highway. With the development of Internet technology, eHealth became a potential reality not only for healthcare practitioners but for every citizen.

It was, however, not until the late 1990s that layers and administrators began to question the extent to which existing legislation was suffi cient to cover the use of eHealth tools in the provision of healthcare to citizens. Over the past decade, a number of articles, reports, and studies have established that the use of ICTs in healthcare does raise a number of legal questions, but few have looked, in detail, at the extent to which European legislation could provide good answers.

The Legally eHealth Report, therefore, seeks to examine some keys of the legal questions raised by the adoption of eHealth tools in healthcare. It looks at how EU legislation on data protection, product and services liability, and trade and competition law applies.
(read more...)

IST Results - eHealth – making clear the legal context
(Removing legal doubts for e-health)

Source: IST Results NEWS
( Based on information from the “Legally eHealth” initiative )
Date: 13 Nov 2006

eHealth services promise to improve the quality and provision of care while reducing costs. However questions exist over the legal and regulatory implications for particular eHealth services. One initiative, 'Legally eHealth' , aims to help remove those doubts.

There is little current information available about the legal implications of eHealth. However growing interest in and implementation of eHealth systems is certain to bring this topic to the fore. Hence the interest in the Legally eHealth study. (more...)

BEST LAW-ETHICAL PRACTICE MODEL FOR EASTERN EUROPE

By: Department of Informatics and Telemedicine of Donetsk R&D Institute of Traumatology and Orthopedics (Donetsk, Ukraine) ( http://www.telemed.org.ua )

Published/Source: ISFT – International Society for Telemedicine ( www.isft.net )

Background
Many countries in Eastern Europe have no special laws for Telemedicine and eHealth activity. But laws about medical care, preservation of information, ethical and social position in health care system are very similar. We believe that it's possible to use our Best law-ethical practice model not only for Ukraine, but for all involved countries of Eastern Europe. (read more…)

Federal, State, and Local Law Enforcers Tackle Deceptive Spam and Internet Scams

"Spam Harvest" Results Reap Help for Consumers Trying To Avoid Spam

The Federal Trade Commission and 12 federal, state, and local law enforcement and consumer protection agencies today announced a four-part initiative launched to fight deceptive spam and Internet scams. The centerpiece of the initiative is a group of more than 30 law enforcement actions, including three FTC complaints and four settlements with spammers caught in an FTC sting. In addition, 10 of the law enforcers signed letters to approximately 100 spammers warning them that their spam appeared to be illegal and that law enforcers could take action against them if they continued their fraudulent scams. (more)

The Digital Law Survey was updated on April 2002
(Obs: Details on the updates to the Survey that are referred below, could be seen on the site: http://rechten.kub.nl/simone. On the Simone's page click on Digital Law Survey)

New entries

Belarus: Law on e-signatures, e-sign standard

Croatia: Law on e-signatures

Taiwan: Law on e-signatures

Trinidad & Tobago Republic: Bill on e-signatures

Updates

Argentine: Digital signature law enacted

Australia: ABN-DSC project on digital certificates

Belgium: Link to e-sign law added

Brazil: Info on Bill 3173/97 & Information Technology Act added

EU: Link to e-sign documents added

Germany: Links to relevant e-sign legislation added

Greece: E-signature law adopted

Hungary: Link to summary on e-sign legislation added

India: Draft regulations on CAs approved

Luxemburg: Regulations on e-sign enacted

Malaysia: Bill amending 1997 Digital Signature Act presented to Parliament

Mexico: Norma Oficial Mexicana in effect

Panama: E-commerce Act enacted

Philippines: Supreme Court decision on validity of e-documents, implementing rules on e-authentication

Russian Federation: E-commerce draft law in Parliament

Slovak Republic: E-sign Act approved

South Korea: E-sign Act adopted

Thailand: E-transaction & E-sign Act passed in Senate

United States (All States): UETA (implementation) updated

United States (Federal): Financial e-authentication report

HIPAA Certification at TEPR (TEPR 2002)
HIPAA Education and Awareness Training ON SITE Computer-Based Training at TEPR 2002

At the upcoming TEPR 2002 in Seattle May 11-17, "Reliable Choice" and "HIPAA eCollege" are combining to bring you the best computer-based, role specific HIPAA e-learning education available today, at the low show special of $199 for the complete
course bundle (almost $100 off a suggested $295 price).(more)

IRC workshop focuses on legal aspects of international trade

A seminar addressing international licences, supply and sales contracts, organised within the framework of northern Germany's Innovation relay centre (IRC) and supported by the European Commission's Enterprise DG will take place in Teltow, Germany on 21 to 23 February. (more)

"The Technology Business and Law"

Click here to read the review of this very interesting book.

Associations and Organizations

Center for Telemedicine Law

	REPORT: Putting eHealth in its European Legal Context In: eHealthNes.eu 16 Apr 2008 The term eHealth, although now quite current in Europe and, indeed, throughout the world, still is rather new, making its first appearances in the scientific and policy literature around 1999. Its predecessors, however, date back to the 1960s when the concepts of health informatics and bio-medical computing began to occupy the minds of academic physicists, mathematicians, and medics. The 1960s and 1970s saw the development of computing technology for mathematical modeling applied to the healthcare setting, along with highly specialized, tailor-made programmes for complex medical models. The early 1990s saw the beginnings of the IT revolution, which took us from the back roads to the super highway. With the development of Internet technology, eHealth became a potential reality not only for healthcare practitioners but for every citizen. It was, however, not until the late 1990s that layers and administrators began to question the extent to which existing legislation was suffi cient to cover the use of eHealth tools in the provision of healthcare to citizens. Over the past decade, a number of articles, reports, and studies have established that the use of ICTs in healthcare does raise a number of legal questions, but few have looked, in detail, at the extent to which European legislation could provide good answers. The Legally eHealth Report, therefore, seeks to examine some keys of the legal questions raised by the adoption of eHealth tools in healthcare. It looks at how EU legislation on data protection, product and services liability, and trade and competition law applies. (read more...)
	IST Results - eHealth – making clear the legal context (Removing legal doubts for e-health) Source: IST Results NEWS ( Based on information from the “Legally eHealth” initiative ) Date: 13 Nov 2006 eHealth services promise to improve the quality and provision of care while reducing costs. However questions exist over the legal and regulatory implications for particular eHealth services. One initiative, 'Legally eHealth' , aims to help remove those doubts. There is little current information available about the legal implications of eHealth. However growing interest in and implementation of eHealth systems is certain to bring this topic to the fore. Hence the interest in the Legally eHealth study. (more...)
	BEST LAW-ETHICAL PRACTICE MODEL FOR EASTERN EUROPE *By:* Department of Informatics and Telemedicine of Donetsk R&D Institute of Traumatology and Orthopedics (Donetsk, Ukraine) ( http://www.telemed.org.ua ) Published/Source: ISFT – International Society for Telemedicine ( www.isft.net ) Background Many countries in Eastern Europe have no special laws for Telemedicine and eHealth activity. But laws about medical care, preservation of information, ethical and social position in health care system are very similar. We believe that it's possible to use our Best law-ethical practice model not only for Ukraine, but for all involved countries of Eastern Europe. (read more…)
	Federal, State, and Local Law Enforcers Tackle Deceptive Spam and Internet Scams "Spam Harvest" Results Reap Help for Consumers Trying To Avoid Spam The Federal Trade Commission and 12 federal, state, and local law enforcement and consumer protection agencies today announced a four-part initiative launched to fight deceptive spam and Internet scams. The centerpiece of the initiative is a group of more than 30 law enforcement actions, including three FTC complaints and four settlements with spammers caught in an FTC sting. In addition, 10 of the law enforcers signed letters to approximately 100 spammers warning them that their spam appeared to be illegal and that law enforcers could take action against them if they continued their fraudulent scams. (more)
	The Digital Law Survey was updated on April 2002 (Obs: Details on the updates to the Survey that are referred below, could be seen on the site: http://rechten.kub.nl/simone. On the Simone's page click on Digital Law Survey) New entries Belarus: Law on e-signatures, e-sign standard Croatia: Law on e-signatures Taiwan: Law on e-signatures Trinidad & Tobago Republic: Bill on e-signatures Updates Argentine: Digital signature law enacted Australia: ABN-DSC project on digital certificates Belgium: Link to e-sign law added Brazil: Info on Bill 3173/97 & Information Technology Act added EU: Link to e-sign documents added Germany: Links to relevant e-sign legislation added Greece: E-signature law adopted Hungary: Link to summary on e-sign legislation added India: Draft regulations on CAs approved Luxemburg: Regulations on e-sign enacted Malaysia: Bill amending 1997 Digital Signature Act presented to Parliament Mexico: Norma Oficial Mexicana in effect Panama: E-commerce Act enacted Philippines: Supreme Court decision on validity of e-documents, implementing rules on e-authentication Russian Federation: E-commerce draft law in Parliament Slovak Republic: E-sign Act approved South Korea: E-sign Act adopted Thailand: E-transaction & E-sign Act passed in Senate United States (All States): UETA (implementation) updated United States (Federal): Financial e-authentication report
	HIPAA Certification at TEPR (TEPR 2002) HIPAA Education and Awareness Training ON SITE Computer-Based Training at TEPR 2002 At the upcoming TEPR 2002 in Seattle May 11-17, "Reliable Choice" and "HIPAA eCollege" are combining to bring you the best computer-based, role specific HIPAA e-learning education available today, at the low show special of $199 for the complete course bundle (almost $100 off a suggested $295 price).(more)
	IRC workshop focuses on legal aspects of international trade A seminar addressing international licences, supply and sales contracts, organised within the framework of northern Germany's Innovation relay centre (IRC) and supported by the European Commission's Enterprise DG will take place in Teltow, Germany on 21 to 23 February. (more)



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