Abstract

http://ssrn.com/abstract=1228602
 


 



What's Wrong with Health Privacy?


Nicolas Terry


Indiana University Robert H. McKinney School of Law

February 15, 2008

LAW AND BIOETHICS, Sandra H. Johnson, Ana S. Iltis, Barbara A. Hinze, eds., Routledge, 2008

Abstract:     
This chapter seeks to identify some of the reasons why "privacy" remains so contentious. Here I suggest several possible answers ranging from "micro" issues such as what we understand by health privacy to more "macro" and operational issues as we seek to protect health information. First, lawyers have made consistent errors in the terminology applied to the protection of medical privacy; second, both the legal and ethical domains have failed to apply a consistent and robust rationale for health privacy, leaving it prey to consequentialist thought and policy; third, the declining importance of the physician-patient relationship as the touchstone for obligations, particularly confidentiality, has created a "rights" vacuum; fourth, the health information revolution truly is revolutionary in its reach and its concomitant threats to privacy and confidentiality; and, finally, as privacy regulation increasingly lies in the sphere of governmental command-control regulation, it has joined the list of targets in the professionalism-market-regulation conflict over millennial healthcare delivery.

Keywords: health law, privacy, confidentiality, bioethics, health policy, HIPAA

Accepted Paper Series


Not Available For Download

Date posted: August 19, 2008  

Suggested Citation

Terry, Nicolas, What's Wrong with Health Privacy? (February 15, 2008). LAW AND BIOETHICS, Sandra H. Johnson, Ana S. Iltis, Barbara A. Hinze, eds., Routledge, 2008. Available at SSRN: http://ssrn.com/abstract=1228602

Contact Information

Nicolas P. Terry (Contact Author)
Indiana University Robert H. McKinney School of Law ( email )
530 W. New York St
Indianapolis, IN 46202
United States

Feedback to SSRN


Paper statistics
Abstract Views: 359

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.734 seconds