Whose health record? A comparison of patient rights under national electronic health record (NEHR) regulations in Europe and Asia-Pacific jurisdictions

James Scheibner, Marcello Ienca, Effy Vayena

Research output: Contribution to journalArticlepeer-review

Abstract

In this paper, we compare four patient rights regarding data stored in NEHRs under nine European and Asia-Pacific jurisdictions. We aim to ascertain whether the success and failure of NEHR implementations could be attributable to differences in patient rights. We note that while there is a convergence of access controls, there is a divergence with respect to controlling third-party access and modifying patient data. Analysing these divergences through four bioethical principles defined by Beauchamp and Childress, we find claims of patient empowerment mask a neoliberal perspective of outsourcing responsibility to patients. Likewise, refusing sufficient granular control can contribute to patient mistrust.We argue that it is important to conceptualise NEHRs as a public good and design regulatory frameworks accordingly.

Original languageEnglish
Pages (from-to)56-75
Number of pages20
JournalSingapore Journal of Legal Studies
Volume2021
StatePublished - Mar 2021
Externally publishedYes

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