Legal Problems of Personal Health Information Protection

Authors

  • Chantana Morkcharoenpong -

Abstract

Personal Data Protection Act which protects personal information from unauthorized disclosure or leakage of information to other people. Medical information is sensitive data. If it is violated, it will affect the person’s reputation and dignity.  Therefore, a higher standard of personal data protection is necessary. The principle of personal health data protection is privacy, security, and medical ethics.

The results found that Thailand does not have a specific law that protects personal health data. The definition of "health" is different in many Acts, resulting in context, and scope of applications do not cover the problems. Therefore, clear, and consistent definition is suggested. Finally, the law does not protect personal information of deceased persons, which it should be, for honoring and respecting those who passed away.

References

Arthur Peabody, JR., editor. Health care IT : The Essential Lawyer's Guide to Health Care Information Technology and the Law. 2013. Cover by Mary Anne Kulchwaik; ABA Publishing. p. 51.

Data Protection Impact Assessment (DPIA) accessed date 1 May 2023 https://www.pdpathailand.com.

Guidance Document: Taking Privacy into Account Before Making Contracting Decisions, Treasury Board of Canada. See CANADIAN PRIVACY: Data Protection Law and Policy for the Practitioner by Kris Klein, CIPP/C. 2012. second edition. An iapp publication. p 91-96.

John J. Trinckes. Jr. The Definitive Guide to Complying with the HIPAA/HITECH Privacy and Security Rules. 2013. CRC Press. p. 162-163.

Skochelak, SE, Hawkins, RE, et al., Eds. 2017; Health System Science, New York, NY, Elsevier. p. 15-20

William R Hersh, Annette M Totten , Karen B Eden, et al. Outcomes From Health Information Exchange:Systematic Review and Future Research Needs. MIR Med Inform 2015, vol. 3, iss. 4, e39, p. 1-12.

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Published

2023-09-16

How to Cite

Morkcharoenpong, C. (2023). Legal Problems of Personal Health Information Protection. Public Health Policy and Laws Journal, 9(3), 551–566. Retrieved from https://so05.tci-thaijo.org/index.php/journal_law/article/view/266215

Issue

Section

Academic Article / Perspectives