Privacy and confidentiality concerns--are we up to the challenge?
Privacy and confidentiality concerns--are we up to the challenge?
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隐私和保密问题——我们能应对挑战吗?
DOI:
10.1093/intqhc/12.1.7
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发表时间:
2000
期刊:
影响因子:
--
通讯作者:
D. Willison
中科院分区:
文献类型:
--
作者:
D. Willison
used for research purposes if consulted, but expressed great Professor Detmer comments on the potential negative impact concern should the information be used without their knowof data privacy legislation on efforts to improve quality of ledge. For the majority of people, it seems, the opportunity for health care through review of administrative datasets and control over use of one’s personal information does not electronic health records. As users of health information – result in exercising that option of refusal or opting out [9, whether for policy-making, quality improvement, risk man10]. This should not, however, be interpreted as evidence agement or for research – we have a great deal at stake in supporting the lack of need for such provisions. this matter. However, as stakeholders, we can easily fall into Why would the use of administrative datasets and other the trap of seeing things only from our own perspective. archival records for ‘legitimate’ research or planning purposes While I share Professor Detmer’s concerns over the potential be considered a threat? Let us examine more closely the US consequences of severely restrictive laws or opt-out provisions General Accounting Office report cited by Professor Detmer. in legislation, I would argue that the choices we face are The good news was that the Office declared access to personcomplex and that we, as researchers and evaluators, must be specific information is necessary for medical research. The responsive to the concerns being expressed over the potential bad news was the concern that the research community for erosion of privacy. is not exercising the same diligence in the protection of Privacy and autonomy are fundamental to the fabric of confidentiality as it does physical and emotional harm. Pardemocratic society – of value to the entire community and ticular practices of concern to the GAO include: expedited not only to individuals. The recognition of the mutually review of research involving record review and concern over beneficial interplay between public and private life in society how decisions are made to waive consent provisions. The goes back at least as far as Aristotle, who recognized that report went on to cite previous studies from the GAO and the maintenance of the private is essential to both the from the Health and Human Services Office of the Inspector individual and the body politic, since the private place was General that these review bodies: where virtue was cultured [1]. With the recent exponential growth in our capacity to collect and process vast amounts ‘review too many studies too quickly and with too little of information, considerable attention has been given to how expertise’. to stem the erosion of privacy [2]. Across the globe, we are ‘conduct only minimal oversight of approved studies, face witnessing the clash between two value sets each of which conflicts of interest which threaten their independence and we hold dearly – privacy and improving the health of the provide little training for investigators and board members’. public. This scenario is being replicated across a wide variety [11] of settings from the commercial use of genetic registries to the development of health information highways [3–8]. Seen With this strong an indictment from such eminent and in this light, the challenge we face becomes much more influential bodies as the US General Accounting Office and complex, as does the solution. the Health and Human Services Office of Inspector General, While there may be a strong temptation to write-off we should take careful note, lest we lose the privilege of selfthose calling for increased protection for personal health monitoring and the scientific independence we so greatly information, an attempt to listen to their underlying concerns cherish. could prove very informative. For example, we conducted There are several ways in which we may respond. Many focus groups with people who were in contact with the professional Societies and Colleges are developing or revising medical system as patients, to determine how best to advise ethics guidelines and codes of conduct to guide their members patients of a study we were launching, involving electronic with regard to privacy, confidentiality, and security principles medical records in family physicians’ offices. As investigators, [12,13]. Planning bodies are explicitly identifying privacy and we were struck by the high degree of participant concern confidentiality as important issues to be addressed in the over the current use of their personal health information and development of infostructures to support the use of adby the stories of misuse of that information, particularly ministrative datasets for a variety of planning purposes, among older patients. Incidents ranged from entire medical including quality improvement [7,14]. We need to work records being forwarded to insurers over accident claims to with our research ethics boards to address the challenges concerns over being ‘labelled’ by the medical community highlighted in the GAO report. At the level of the institution through communications from one physician to another. and the individual researcher, we need to become fluent with what are now internationally recognized fair information These same people were willing to have their information