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102-443: CDA specifies the syntax and supplies a framework for specifying the full semantics of a clinical document, defined by six characteristics: CDA can hold any kind of clinical information that would be included in a patient's medical record ; examples include: An XML element in a CDA supports unstructured text, as well as links to composite documents encoded in pdf , docx , or rtf , as well as image formats like jpg and png . It

204-532: A company that monetizes data related to a user's location. Other international cases are similar to the Accuweather case. In 2017, a leaky API inside the McDelivery App exposed private data, which consisted of home addresses, of 2.2 million users. In the wake of these types of scandals, many large American technology companies such as Google, Apple, and Facebook have been subjected to hearings and pressure under

306-510: A given period. In the United Kingdom , medical records are required for the lifetime of a patient and legally for as long as that complaint action can be brought. Generally in the UK, any recorded information should be kept legally for 7 years, but for medical records additional time must be allowed for any child to reach the age of responsibility (20 years). Medical records are required many years after

408-441: A medical record by a medical professional is a felony in most United States jurisdictions. Governments have often refused to disclose medical records of military personnel who have been used as experimental subjects. Given the series of medical data breaches and the lack of public trust, some countries have enacted laws requiring safeguards to be put in place to protect the security and confidentiality of medical information as it

510-423: A mobility database. The study further shows that these constraints hold even when the resolution of the dataset is low. Therefore, even coarse or blurred datasets confer little privacy protection. Several methods to protect user privacy in location-based services have been proposed, including the use of anonymizing servers and blurring of information. Methods to quantify privacy have also been proposed, to calculate

612-475: A much greater volume and degree of harassment than would otherwise be possible. Revenge porn may lead to misogynist or homophobic harassment, such as in the suicide of Amanda Todd and the suicide of Tyler Clementi . When someone's physical location or other sensitive information is leaked over the Internet via doxxing , harassment may escalate to direct physical harm such as stalking or swatting . Despite

714-461: A need by many candidates to control various online privacy settings in addition to controlling their online reputations, the conjunction of which has led to legal suits against both social media sites and US employers. Selfies are popular today. A search for photos with the hashtag #selfie retrieves over 23 million results on Instagram and 51 million with the hashtag #me. However, due to modern corporate and governmental surveillance, this may pose

816-500: A patient's death to investigate illnesses within a community (e.g., industrial or environmental disease or even deaths at the hands of doctors committing murders, as in the Harold Shipman case). The outsourcing of medical record transcription and storage has the potential to violate patient–physician confidentiality by possibly allowing unaccountable persons access to patient data. With the increase of clinical notes being shared as

918-411: A patient's medical history by a physician, nurse practitioner, or physician assistant and can take several forms. Hospital admission documentation (i.e., when a patient requires hospitalization) or consultation by a specialist often take an exhaustive form, detailing the entirety of prior health and health care. Routine visits by a provider familiar to the patient, however, may take a shorter form such as

1020-518: A physician, Dr. Elizabeth McInerney, challenging a patient's access to their own medical record was denied. The patient, Margaret MacDonald, won a court order granting her full access to her own medical record. The case was complicated by the fact that the records were in electronic form and contained information supplied by other providers. McInerney maintained that she didn't have the right to release records she herself did not author. The courts ruled otherwise. Legislation followed, codifying into law

1122-467: A prisoner had no choice but to conform to the prison's rules. As technology has advanced, the way in which privacy is protected and violated has changed with it. In the case of some technologies, such as the printing press or the Internet , the increased ability to share information can lead to new ways in which privacy can be breached. It is generally agreed that the first publication advocating privacy in

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1224-541: A result of the 21st Century Cures Act , the increase in sensitive terms used in the records of all patients, including minors, are increasingly shared amongst care teams making privacy more complicated. Intersex people have historically had their medical records intentionally falsified/concealed , to hide birth sex , and intersex medical procedures . Christiane Völling became the first intersex person in Europe to successfully sue for medical malpractice . Falsification of

1326-519: A risk to privacy. In a research study which takes a sample size of 3763, researchers found that for users posting selfies on social media, women generally have greater concerns over privacy than men, and that users' privacy concerns inversely predict their selfie behavior and activity. An invasion of someone's privacy may be widely and quickly disseminated over the Internet. When social media sites and other online communities fail to invest in content moderation , an invasion of privacy can expose people to

1428-551: A warrant to arrest Timothy Ivory Carpenter on multiple charges, and the Supreme Court ruled that the warrantless search of cell phone records violated the Fourth Amendment, citing that the Fourth Amendment protects "reasonable expectations of privacy" and that information sent to third parties still falls under data that can be included under "reasonable expectations of privacy". Beyond law enforcement, many interactions between

1530-410: Is a United States federal law pertaining to medical privacy that went into effect in 2003. This law established standards for patient privacy in all 50 states, including the right of patients to access to their own records. HIPAA provides some protection, but does not resolve the issues involving medical records privacy. Medical and health care providers experienced 767 security breaches resulting in

1632-434: Is a requirement of health care providers and is generally enforced as a licensing or certification prerequisite. The terms are used for the written (paper notes), physical (image films) and digital records that exist for each individual patient and for the body of information found therein. Medical records have traditionally been compiled and maintained by health care providers, but advances in online data storage have led to

1734-526: Is certified by ANSI . CDA Release 2 has been adopted as an ISO standard, ISO / HL7 27932:2009. Australia's Personally Controlled Electronic Health Record (PCEHR), known as "My Health Record", uses a specialized implementation of HL7 CDA Release 2. In the UK the Interoperability Toolkit (ITK) utilises the "CDA R2 from HL7 V3 – for CDA profiles" for the Correspondence pack. In the U.S.

1836-536: Is derived from the Latin word and concept of ‘ privatus ’, which referred to things set apart from what is public; personal and belonging to oneself, and not to the state. Literally, ‘ privatus ’ is the past participle of the Latin verb ‘ privere ’ meaning ‘to be deprived of’. The concept of privacy has been explored and discussed by numerous philosophers throughout history. Privacy has historical roots in ancient Greek philosophical discussions. The most well-known of these

1938-689: Is enshrined in the privacy laws of many countries and, in some instances, their constitutions. With the rise of technology, the debate regarding privacy has expanded from a bodily sense to include a digital sense. In most countries, the right to digital privacy is considered an extension of the original right to privacy , and many countries have passed acts that further protect digital privacy from public and private entities. There are multiple techniques to invade privacy, which may be employed by corporations or governments for profit or political reasons. Conversely, in order to protect privacy, people may employ encryption or anonymity measures. The word privacy

2040-844: Is exacerbated by deanonymization research indicating that personal traits such as sexual orientation, race, religious and political views, personality, or intelligence can be inferred based on a wide variety of digital footprints , such as samples of text, browsing logs, or Facebook Likes. Intrusions of social media privacy are known to affect employment in the United States. Microsoft reports that 75 percent of U.S. recruiters and human-resource professionals now do online research about candidates, often using information provided by search engines, social-networking sites, photo/video-sharing sites, personal web sites and blogs, and Twitter . They also report that 70 percent of U.S. recruiters have rejected candidates based on internet information. This has created

2142-636: Is maintained. A patient's individual medical record identifies the patient and contains information regarding the patient's case history at a particular provider. The health record as well as any electronically stored variant of the traditional paper files contain proper identification of the patient. Further information varies with the individual medical history of the patient. The contents are generally written with other healthcare professionals in mind. This can result in confusion and hurt feelings when patients read these notes. For example, some abbreviations, such as for shortness of breath , are similar to

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2244-477: Is no consensus regarding medical record ownership in the United States . Factors complicating questions of ownership include the form and source of the information, custody of the information, contract rights, and variation in state law. There is no federal law regarding ownership of medical records. HIPAA gives patients the right to access and amend their own records, but it has no language regarding ownership of

2346-417: Is not medical in nature. It is often information to locate the patient, including identifying numbers, addresses, and contact numbers. It may contain information about race and religion as well as workplace and type of occupation . It also contains information regarding the patient's health insurance . It is common to also find emergency contact information located in this section of the medical chart. In

2448-499: Is shared electronically and to give patients some important rights to monitor their medical records and receive notification for loss and unauthorized acquisition of health information. The United States and the EU have imposed mandatory medical data breach notifications. Patients' medical information can be shared by a number of people both within the health care industry and beyond. The Health Insurance Portability and Accessibility Act (HIPAA)

2550-525: Is still some variance in laws depending on the province. There is also some confusion among providers as to the scope of the patient information they have to give access to, but the language in the supreme court ruling gives patient access rights to their entire record. In the United Kingdom , the Data Protection Acts and later the Freedom of Information Act 2000 gave patients or their representatives

2652-660: Is the civil law . Privacy in Canada was first addressed through the Privacy Act , a 1985 piece of legislation applicable to personal information held by government institutions. The provinces and territories would later follow suit with their own legislation. Generally, the purposes of said legislation are to provide individuals rights to access personal information; to have inaccurate personal information corrected; and to prevent unauthorized collection, use, and disclosure of personal information. In terms of regulating personal information in

2754-537: The Asia-Pacific Economic Cooperation is a privacy protection agreement for the members of that organization. Approaches to privacy can, broadly, be divided into two categories: free market or consumer protection . One example of the free market approach is to be found in the voluntary OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. The principles reflected in

2856-653: The Constitution of South Africa says that "everyone has a right to privacy"; and the Constitution of the Republic of Korea says "the privacy of no citizen shall be infringed." The Italian Constitution also defines the right to privacy. Among most countries whose constitutions do not explicitly describe privacy rights, court decisions have interpreted their constitutions to intend to give privacy rights. Many countries have broad privacy laws outside their constitutions, including Australia's Privacy Act 1988 , Argentina's Law for

2958-590: The Cyber Civil Rights Initiative and the Electronic Frontier Foundation argue that addressing the new privacy harms introduced by the Internet requires both technological improvements to encryption and anonymity as well as societal efforts such as legal regulations to restrict corporate and government power. While the Internet began as a government and academic effort up through the 1980s, private corporations began to enclose

3060-499: The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 made a distinction between collecting the contents of messages sent between users and the metadata surrounding those messages. Most countries give citizens rights to privacy in their constitutions. Representative examples of this include the Constitution of Brazil , which says "the privacy, private life, honor and image of people are inviolable";

3162-533: The United States , the data contained within the medical record belongs to the patient, whereas the physical form the data takes belongs to the entity responsible for maintaining the record per the Health Insurance Portability and Accountability Act . Patients have the right to ensure that the information contained in their record is accurate, and can petition their health care provider to amend factually incorrect information in their records. There

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3264-458: The United States , written records must be marked with the date and time and scribed with indelible pens without use of corrective paper. Errors in the record should be struck out with a single line (so that the initial entry remains legible) and initialed by the author. Orders and notes must be signed by the author. Electronic versions require an electronic signature . Ownership and keeping of patient's records varies from country to country. In

3366-660: The healthcare industry , the Office of the National Coordinator for Health Information Technology (ONC) streamlined commonly used templates to create the Consolidated-CDA (C-CDA). The CDA standard doesn't specify how the documents should be transported. CDA documents can be transported using HL7 version 2 messages, HL7 version 3 messages, IHE protocols such as XDS , as well as by other mechanisms including: DICOM , MIME attachments to email , http or ftp . The standard

3468-441: The problem-oriented medical record (POMR), which includes a problem list of diagnoses or a " SOAP " method of documentation for each visit. Each encounter will generally contain the aspects below: Written orders by medical providers are included in the medical record. These detail the instructions given to other members of the health care team by the primary providers. When a patient is hospitalized, daily updates are entered into

3570-413: The subverted expectations of users who share information online without expecting it to be stored and retained indefinitely. Phenomena such as revenge porn and deepfakes are not merely individual because they require both the ability to obtain images without someone's consent as well as the social and economic infrastructure to disseminate that content widely. Therefore, privacy advocacy groups such as

3672-561: The 1992 Canadian Supreme Court ruling in McInerney v. MacDonald gave patients the right to copy and examine all information in their medical records, while the records themselves remained the property of the healthcare provider . The 2004 Personal Health Information Protection Act (PHIPA) contains regulatory guidelines to protect the confidentiality of patient information for healthcare organizations acting as stewards of their medical records. Despite legal precedent for access nationwide, there

3774-544: The Australian Government via the Privacy Amendment (Enhancing Privacy Protection) Bill 2012. In 2015, the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 was passed, to some controversy over its human rights implications and the role of media. Canada is a federal state whose provinces and territories abide by the common law save the province of Quebec whose legal tradition

3876-577: The CDA standard is probably best known as the basis for the Continuity of Care Document (CCD) specification, based on the data model as specified by ASTM 's Continuity of Care Record . The U.S. Healthcare Information Technology Standards Panel has selected the CCD as one of its standards. Medical record The terms medical record , health record and medical chart are used somewhat interchangeably to describe

3978-608: The Office of the Privacy Commissioner and Canadian academics. In the absence of a statutory private right of action absent an OPC investigation, the common law torts of intrusion upon seclusion and public disclosure of private facts, as well as the Civil Code of Quebec may be brought for an infringement or violation of privacy. Privacy is also protected under ss. 7 and 8 of the Canadian Charter of Rights and Freedoms which

4080-696: The Protection of Personal Data of 2000, Canada's 2000 Personal Information Protection and Electronic Documents Act , and Japan's 2003 Personal Information Protection Law. Beyond national privacy laws, there are international privacy agreements. The United Nations Universal Declaration of Human Rights says "No one shall be subjected to arbitrary interference with [their] privacy, family, home or correspondence, nor to attacks upon [their] honor and reputation." The Organisation for Economic Co-operation and Development published its Privacy Guidelines in 1980. The European Union's 1995 Data Protection Directive guides privacy protection in Europe. The 2004 Privacy Framework by

4182-600: The U.S. legislative system. In 2011, US Senator Al Franken wrote an open letter to Steve Jobs , noting the ability of iPhones and iPads to record and store users' locations in unencrypted files. Apple claimed this was an unintentional software bug , but Justin Brookman of the Center for Democracy and Technology directly challenged that portrayal, stating "I'm glad that they are fixing what they call bugs, but I take exception with their strong denial that they track users." In 2021,

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4284-490: The U.S. state of Arizona found in a court case that Google misled its users and stored the location of users regardless of their location settings. The Internet has become a significant medium for advertising, with digital marketing making up approximately half of the global ad spending in 2019. While websites are still able to sell advertising space without tracking, including via contextual advertising , digital ad brokers such as Facebook and Google have instead encouraged

4386-496: The United States was the 1890 article by Samuel Warren and Louis Brandeis , "The Right to Privacy", and that it was written mainly in response to the increase in newspapers and photographs made possible by printing technologies. In 1948, 1984 , written by George Orwell , was published. A classic dystopian novel, 1984 describes the life of Winston Smith in 1984, located in Oceania, a totalitarian state. The all-controlling Party,

4488-429: The abbreviations for profanities, and taking "time out" to follow a surgical safety protocol might be misunderstood as a disciplinary technique for children . Traditionally, medical records were written on paper and maintained in folders often divided into sections for each type of note (progress note, order, test results), with new information added to each section chronologically. Active records are usually housed at

4590-568: The above features with portability, thus allowing a patient to share medical records across providers and health care systems. Electronic medical records could also be studied to quantify disease burdens – such as the number of deaths from antimicrobial resistance – or help identify causes of, factors of and contributors to diseases, especially when combined with genome-wide association studies . For such purposes, electronic medical records could potentially be made available in securely anonymized or pseudonymized forms to ensure patients' privacy

4692-590: The already existing privacy requirements that applied to telecommunications providers (under Part 13 of the Telecommunications Act 1997 ), and confidentiality requirements that already applied to banking, legal and patient / doctor relationships. In 2008 the Australian Law Reform Commission (ALRC) conducted a review of Australian privacy law and produced a report titled "For Your Information". Recommendations were taken up and implemented by

4794-406: The authorities. In Germany, a relatively new law, which has been established in 2013, strengthens the rights of patients. It states, amongst other things, the statutory duty of medical personnel to document the treatment of the patient in either hard copy or within the electronic patient record (EPR). This documentation must happen in a timely manner and encompass each and every form of treatment

4896-541: The bill due to its provisions for warrantless breaches of privacy, stating "I don't want to see our children victimized again by losing privacy rights." Even where these laws have been passed despite privacy concerns, they have not demonstrated a reduction in online harassment. When the Korea Communications Commission introduced a registration system for online commenters in 2007, they reported that malicious comments only decreased by 0.9%, and in 2011 it

4998-425: The case of X-rays, a written report of the findings is included in lieu of the actual film. Many other items are variably kept within the medical record. Digital images of the patient, flowsheets from operations/ intensive care units , informed consent forms, EKG tracings, outputs from medical devices (such as pacemakers ), chemotherapy protocols, and numerous other important pieces of information form part of

5100-641: The central repository for planning patient care and documenting communication among patient and health care provider and professionals contributing to the patient's care. An increasing purpose of the medical record is to ensure documentation of compliance with institutional, professional or governmental regulation. The traditional medical record for inpatient care can include admission notes , on-service notes , progress notes ( SOAP notes ), preoperative notes , operative notes , postoperative notes , procedure notes , delivery notes , postpartum notes , and discharge notes . Personal health records combine many of

5202-601: The clinical site, but older records are often archived offsite. The advent of electronic medical records has not only changed the format of medical records but has increased accessibility of files. The use of an individual dossier style medical record, where records are kept on each patient by name and illness type originated at the Mayo Clinic out of a desire to simplify patient tracking and to allow for medical research. Maintenance of medical records requires security measures to prevent from unauthorized access or tampering with

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5304-481: The cloud was not necessarily a form of evidence. Riley v. California evidently became a landmark case, protecting the digital protection of citizen's privacy when confronted with the police. A recent notable occurrence of the conflict between law enforcement and a citizen in terms of digital privacy has been in the 2018 case, Carpenter v. United States (585 U.S. ____). In this case, the FBI used cell phone records without

5406-706: The compromised confidential health information of 23,625,933 patients during the period of 2006–2012. The federal Health Insurance Portability and Accessibility Act (HIPAA) addresses the issue of privacy by providing medical information handling guidelines. Not only is it bound by the Code of Ethics of its profession (in the case of doctors and nurses), but also by the legislation on data protection and criminal law. Professional secrecy applies to practitioners, psychologists, nursing, physiotherapists, occupational therapists, nursing assistants, chiropodists, and administrative personnel, as well as auxiliary hospital staff. The maintenance of

5508-428: The computer networks which underlie the Internet introduce such a wide range of novel security concerns, the discussion of privacy on the Internet is often conflated with security . Indeed, many entities such as corporations involved in the surveillance economy inculcate a security-focused conceptualization of privacy which reduces their obligations to uphold privacy into a matter of regulatory compliance , while at

5610-408: The concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity . Throughout history, there have been various conceptions of privacy. Most cultures acknowledge the right of individuals to keep aspects of their personal lives out of the public domain. The right to be free from unauthorized invasions of privacy by governments, corporations, or individuals

5712-400: The confidentiality and privacy of patients implies first of all in the medical history, which must be adequately guarded, remaining accessible only to the authorized personnel. However, the precepts of privacy must be observed in all fields of hospital life: privacy at the time of the conduct of the anamnesis and physical exploration, the privacy at the time of the information to the relatives,

5814-530: The conversations between healthcare providers in the corridors, maintenance of adequate patient data collection in hospital nursing controls (planks, slates), telephone conversations, open intercoms etc. Privacy Privacy ( UK : / ˈ p r ɪ v ə s i / , US : / ˈ p r aɪ -/ ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security , which can include

5916-447: The current state of the value of individuals' privacy of online social networking show the following results: "first, adults seem to be more concerned about potential privacy threats than younger users; second, policy makers should be alarmed by a large part of users who underestimate risks of their information privacy on OSNs; third, in the case of using OSNs and its services, traditional one-dimensional privacy approaches fall short". This

6018-490: The debate regarding privacy from a physical sense, how the government controls a person's body (i.e. Roe v. Wade ) and other activities such as wiretapping and photography. As important records became digitized, Westin argued that personal data was becoming too accessible and that a person should have complete jurisdiction over their data, laying the foundation for the modern discussion of privacy. New technologies can also create new ways to gather private information. In 2001,

6120-644: The development of personal health records (PHR) that are maintained by patients themselves, often on third-party websites. This concept is supported by US national health administration entities and by AHIMA , the American Health Information Management Association. Because many consider the information in medical records to be sensitive private information covered by expectations of privacy , many ethical and legal issues are implicated in their maintenance, such as third-party access and appropriate storage and disposal. Although

6222-476: The effect of substantially disrupting the orderly operation of a school." Increasingly, mobile devices facilitate location tracking . This creates user privacy problems. A user's location and preferences constitute personal information , and their improper use violates that user's privacy. A recent MIT study by de Montjoye et al. showed that four spatio-temporal points constituting approximate places and times are enough to uniquely identify 95% of 1.5M people in

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6324-472: The equilibrium between the benefit of obtaining accurate location information and the risks of breaching an individual's privacy. There have been scandals regarding location privacy. One instance was the scandal concerning AccuWeather , where it was revealed that AccuWeather was selling locational data. This consisted of a user's locational data, even if they opted out within Accuweather, which tracked users' location. Accuweather sold this data to Reveal Mobile,

6426-551: The extent of their contribution to human wellbeing, or necessary utility. Hegel’s notions were modified by prominent 19th century English philosopher John Stuart Mill . Mill’s essay On Liberty (1859) argued for the importance of protecting individual liberty against the tyranny of the majority and the interference of the state. His views emphasized the right of privacy as essential for personal development and self-expression. Discussions surrounding surveillance coincided with philosophical ideas on privacy. Jeremy Bentham developed

6528-572: The facts, or absence of facts in the record, apart from the medical record itself. In 2009, Congress authorized and funded legislation known as the Health Information Technology for Economic and Clinical Health Act to stimulate the conversion of paper medical records into electronic charts. While many hospitals and doctor's offices have since done this successfully, electronic health vendors' proprietary systems are sometimes incompatible. Demographics include patient information that

6630-531: The government and citizens have been revealed either lawfully or unlawfully, specifically through whistleblowers. One notable example is Edward Snowden , who released multiple operations related to the mass surveillance operations of the National Security Agency (NSA), where it was discovered that the NSA continues to breach the security of millions of people, mainly through mass surveillance programs whether it

6732-471: The government, are able to monitor a user's data and decide what is allowed to be said online through their censorship policies, ultimately for monetary purposes. In the 1960s, people began to consider how changes in technology were bringing changes in the concept of privacy. Vance Packard 's The Naked Society was a popular book on privacy from that era and led US discourse on privacy at that time. In addition, Alan Westin 's Privacy and Freedom shifted

6834-561: The guidelines, free of legislative interference, are analyzed in an article putting them into perspective with concepts of the GDPR put into law later in the European Union. In a consumer protection approach, in contrast, it is claimed that individuals may not have the time or knowledge to make informed choices, or may not have reasonable alternatives available. In support of this view, Jensen and Potts showed that most privacy policies are above

6936-564: The hardware and software of the Internet in the 1990s, and now most Internet infrastructure is owned and managed by for-profit corporations. As a result, the ability of governments to protect their citizens' privacy is largely restricted to industrial policy , instituting controls on corporations that handle communications or personal data . Privacy regulations are often further constrained to only protect specific demographics such as children, or specific industries such as credit card bureaus. Several online social network sites (OSNs) are among

7038-461: The legal case Kyllo v. United States (533 U.S. 27) determined that the use of thermal imaging devices that can reveal previously unknown information without a warrant constitutes a violation of privacy. In 2019, after developing a corporate rivalry in competing voice-recognition software, Apple and Amazon required employees to listen to intimate moments and faithfully transcribe the contents. Police and citizens often conflict on what degree

7140-486: The main source of concern for many mobile users, especially with the rise of privacy scandals such as the Facebook–Cambridge Analytica data scandal . Apple has received some reactions for features that prohibit advertisers from tracking a user's data without their consent. Google attempted to introduce an alternative to cookies named FLoC which it claimed reduced the privacy harms, but it later retracted

7242-632: The medical record documenting clinical changes, new information, etc. These often take the form of a SOAP note and are entered by all members of the health-care team (doctors, nurses, physical therapists, dietitians, clinical pharmacists, respiratory therapists , etc.). They are kept in chronological order and document the sequence of events leading to the current state of health. The results of testing, such as blood tests (e.g., complete blood count ) radiology examinations (e.g., X-rays ), pathology (e.g., biopsy results), or specialized testing (e.g., pulmonary function testing ) are included. Often, as in

7344-514: The medical report and must be archived by the attending physician for at least 10 years. The law clearly states that these records are not only memory aids for the physicians, but also should be kept for the patient and must be presented on request. In addition, an electronic health insurance card was issued in January 2014 which is applicable in Germany ( Elektronische Gesundheitskarte or eGK), but also in

7446-424: The other member states of the European Union ( European Health Insurance Card ). It contains data such as: the name of the health insurance company, the validity period of the card, and personal information about the patient (name, date of birth, sex, address, health insurance number) as well information about the patient's insurance status and additional charges. Furthermore, it can contain medical data if agreed to by

7548-404: The party in power led by Big Brother, is able to control power through mass surveillance and limited freedom of speech and thought. George Orwell provides commentary on the negative effects of totalitarianism , particularly on privacy and censorship . Parallels have been drawn between 1984 and modern censorship and privacy, a notable example being that large social media companies, rather than

7650-405: The patient receives, as well as other necessary information, such as the patient's case history, diagnoses, findings, treatment results, therapies and their effects, surgical interventions and their effects, as well as informed consents. The information must include virtually everything that is of functional importance for the actual, but also for future treatment. This documentation must also include

7752-432: The patient. This data can include information concerning emergency care, prescriptions, an electronic medical record, and electronic physician's letters. However, due to the limited storage space (32kB), some information is deposited on servers. In the United States , the most basic rules governing access to a medical record dictate that only the patient and the health-care providers directly involved in delivering care have

7854-504: The phenomenon known as the Panoptic effect through his 1791 architectural design of a prison called Panopticon . The phenomenon explored the possibility of surveillance as a general awareness of being watched that could never be proven at any particular moment. French philosopher Michel Foucault (1926-1984) concluded that the possibility of surveillance in the instance of the Panopticon meant

7956-570: The police can intrude a citizen's digital privacy. For instance, in 2012, the Supreme Court ruled unanimously in United States v. Jones (565 U.S. 400), in the case of Antoine Jones who was arrested of drug possession using a GPS tracker on his car that was placed without a warrant, that warrantless tracking infringes the Fourth Amendment. The Supreme Court also justified that there is some "reasonable expectation of privacy" in transportation since

8058-546: The political sphere, philosophers hold differing views on the right of private judgment. German philosopher Georg Wilhelm Friedrich Hegel (1770-1831) makes the distinction between moralität , which refers to an individual’s private judgment, and sittlichkeit , pertaining to one’s rights and obligations as defined by an existing corporate order. On the contrary, Jeremy Bentham (1748-1832), an English philosopher, interpreted law as an invasion of privacy. His theory of utilitarianism argued that legal actions should be judged by

8160-432: The practice of behavioral advertising , providing code snippets used by website owners to track their users via HTTP cookies . This tracking data is also sold to other third parties as part of the mass surveillance industry . Since the introduction of mobile phones, data brokers have also been planted within apps, resulting in a $ 350 billion digital industry especially focused on mobile devices. Digital privacy has become

8262-502: The principles of the ruling. It is that legislation which deems providers the owner of medical records, but requires that access to the records be granted to the patient themselves. In the United Kingdom , ownership of the NHS 's medical records has in the past generally been described as belonging to the Secretary of State for Health and this is taken by some to mean copyright also belongs to

8364-406: The private sector, the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") is enforceable in all jurisdictions unless a substantially similar provision has been enacted on the provincial level. However, inter-provincial or international information transfers still engage PIPEDA. PIPEDA has gone through two law overhaul efforts in 2021 and 2023 with the involvement of

8466-531: The proposal due to antitrust probes and analyses that contradicted their claims of privacy. The ability to do online inquiries about individuals has expanded dramatically over the last decade. Importantly, directly observed behavior, such as browsing logs, search queries, or contents of a public Facebook profile, can be automatically processed to infer secondary information about an individual, such as sexual orientation, political and religious views, race, substance use, intelligence, and personality. In Australia,

8568-558: The reading level of the average person. The Privacy Act 1988 is administered by the Office of the Australian Information Commissioner. The initial introduction of privacy law in 1998 extended to the public sector, specifically to Federal government departments, under the Information Privacy Principles. State government agencies can also be subject to state based privacy legislation. This built upon

8670-475: The reasonable expectation of privacy had already been established under Griswold v. Connecticut (1965). The Supreme Court also further clarified that the Fourth Amendment did not only pertain to physical instances of intrusion but also digital instances, and thus United States v. Jones became a landmark case. In 2014, the Supreme Court ruled unanimously in Riley v. California (573 U.S. 373), where David Leon Riley

8772-423: The record depending on the patient and his or her set of illnesses/treatments. Medical records are legal documents that can be used as evidence via a subpoena duces tecum , and are thus subject to the laws of the country/state in which they are produced. As such, there is great variability in rules governing production, ownership, accessibility, and destruction. There is some controversy regarding proof verifying

8874-433: The records themselves. The same is true for both nursing home and dental records. In cases where the provider is an employee of a clinic or hospital, it is the employer that has ownership of the records. By law, all providers must keep medical records for a period of 15 years beyond the last entry. The precedent for the law is the 1992 Canadian Supreme Court ruling in McInerney v MacDonald. In that ruling, an appeal by

8976-477: The records. The medical history is a longitudinal record of what has happened to the patient since birth. It chronicles diseases , major and minor illnesses , as well as growth landmarks . It gives the clinician a feel for what has happened before to the patient. As a result, it may often give clues to current disease state. It includes several subsets detailed below. Within the medical record, individual medical encounters are marked by discrete summations of

9078-426: The records. Twenty-eight states and Washington, D.C. , have no laws that define ownership of medical records. Twenty-one states have laws stating that the providers are the owners of the records. Only one state, New Hampshire , has a law ascribing ownership of medical records to the patient. Under Canadian federal law , the patient owns the information contained in a medical record, but the healthcare provider owns

9180-534: The right to a copy of their record, except where information breaches confidentiality (e.g., information from another family member or where a patient has asked for information not to be disclosed to third parties) or would be harmful to the patient's wellbeing (e.g., some psychiatric assessments). Also, the legislation gives patients the right to check for any errors in their record and insist that amendments be made if required. In general, entities in possession of medical records are required to maintain those records for

9282-508: The right to view the record. The patient, however, may grant consent for any person or entity to evaluate the record. The full rules regarding access and security for medical records are set forth under the guidelines of the Health Insurance Portability and Accountability Act (HIPAA). The rules become more complicated in special situations. A 2018 study found discrepancies in how major hospitals handle record requests, with forms displaying limited information relative to phone conversations. In

9384-403: The same time lobbying to minimize those regulatory requirements. The Internet's effect on privacy includes all of the ways that computational technology and the entities that control it can subvert the privacy expectations of their users . In particular, the right to be forgotten is motivated by both the computational ability to store and search through massive amounts of data as well as

9486-445: The social contract laid the groundwork for modern conceptions of individual rights, including the right to privacy. In his Second Treatise of Civil Government (1689), Locke argued that a man is entitled to his own self through one’s natural rights of life, liberty, and property. He believed that the government was responsible for protecting these rights so individuals were guaranteed private spaces to practice personal activities. In

9588-402: The storage equipment for medical records generally is the property of the health care provider, the actual record is considered in most jurisdictions to be the property of the patient, who may obtain copies upon request. The information contained in the medical record allows health care providers to determine the patient's medical history and provide informed care. The medical record serves as

9690-473: The systematic documentation of a single patient 's medical history and care across time within one particular health care provider's jurisdiction. A medical record includes a variety of types of "notes" entered over time by healthcare professionals , recording observations and administration of drugs and therapies, orders for the administration of drugs and therapies, test results, X-rays , reports, etc. The maintenance of complete and accurate medical records

9792-548: The top 10 most visited websites globally. Facebook for example, as of August 2015, was the largest social-networking site, with nearly 2.7 billion members, who upload over 4.75 billion pieces of content daily. While Twitter is significantly smaller with 316 million registered users, the US Library of Congress recently announced that it will be acquiring and permanently storing the entire archive of public Twitter posts since 2006. A review and evaluation of scholarly work regarding

9894-497: The way breaches of privacy can magnify online harassment, online harassment is often used as a justification to curtail freedom of speech , by removing the expectation of privacy via anonymity , or by enabling law enforcement to invade privacy without a search warrant . In the wake of Amanda Todd's death, the Canadian parliament proposed a motion purporting to stop bullying, but Todd's mother herself gave testimony to parliament rejecting

9996-704: Was Aristotle 's distinction between two spheres of life: the public sphere of the polis , associated with political life, and the private sphere of the oikos , associated with domestic life. Privacy is valued along with other basic necessities of life in the Jewish deutero-canonical Book of Sirach . Islam's holy text, the Qur'an, states the following regarding privacy: ‘Do not spy on one another’ (49:12); ‘Do not enter any houses except your own homes unless you are sure of their occupants' consent’ (24:27). English philosopher John Locke ’s (1632-1704) writings on natural rights and

10098-433: Was arrested after he was pulled over for driving on expired license tags when the police searched his phone and discovered that he was tied to a shooting, that searching a citizen's phone without a warrant was an unreasonable search, a violation of the Fourth Amendment. The Supreme Court concluded that the cell phones contained personal information different from trivial items, and went beyond to state that information stored on

10200-410: Was collecting great amounts of data through third party private companies, hacking into other embassies or frameworks of international countries, and various breaches of data, which prompted a culture shock and stirred international debate related to digital privacy. The Internet and technologies built on it enable new forms of social interactions at increasingly faster speeds and larger scales. Because

10302-712: Was developed using the HL7 Development Framework (HDF) and it is based on the HL7 Reference Information Model (RIM) and the HL7 Version 3 Data Types. The CDA specifies that the content of the document consists of a mandatory textual part (which ensures human interpretation of the document contents) and optional structured parts (for software processing). The structured part relies on coding systems (such as from SNOMED and LOINC ) to represent concepts. In 2012, in response to conflicting CDAs in use by

10404-546: Was repealed. A subsequent analysis found that the set of users who posted the most comments actually increased the number of "aggressive expressions" when forced to use their real name. In the US, while federal law only prohibits online harassment based on protected characteristics such as gender and race, individual states have expanded the definition of harassment to further curtail speech: Florida's definition of online harassment includes "any use of data or computer software" that "Has

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