Legal and Ethical Challenges in Digital Public Health Systems: Data Privacy, Consent, and Security

Authors

    Farhad Karamifar Department of Financial Law, Allameh Tabataba’i University, Tehran, Iran
    Shirin Tabibian * Department of Financial Law, Allameh Tabataba’i University, Tehran, Iran Shirinta98@gmail.com
    Seyed Ali Rezaei Department of Financial Law, Allameh Tabataba’i University, Tehran, Iran

Keywords:

Digital Health, Data Privacy, Informed Consent, Health Data Security, Public Health Systems, Ethical Challenges

Abstract

Digital public health systems have become integral to the modern healthcare landscape, offering innovative solutions to improve patient care, streamline healthcare processes, and increase accessibility. However, the increased use of digital technologies in healthcare has introduced a range of legal, ethical, and security challenges that must be addressed to protect patient rights and ensure the effectiveness of these systems. This narrative review explores the key legal and ethical issues surrounding digital health, with a focus on data privacy, informed consent, and security. It examines the legal frameworks that govern the collection and use of health data, including GDPR, HIPAA, and local regulations, and explores the challenges posed by cross-border data flows, data breaches, and third-party data processors. The review also discusses the ethical implications of informed consent, particularly for vulnerable populations, and reviews emerging consent models such as dynamic and granular consent. Furthermore, the review addresses the security risks faced by digital public health systems, such as cyberattacks and unauthorized access to sensitive health information, and evaluates best practices for safeguarding patient data. Through this examination, the review highlights the need for robust legal and ethical frameworks to ensure that digital health systems can be used responsibly and effectively, balancing innovation with patient protection. As digital health technologies continue to evolve, it is essential to develop policies and practices that promote trust, ensure privacy, and protect the autonomy of patients, thereby supporting the long-term success and sustainability of digital public health initiatives.

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Published

2023-10-01

Submitted

2023-08-16

Revised

2023-09-10

Accepted

2023-09-23

How to Cite

Karamifar, F., Tabibian, S., & Rezaei, S. A. (2023). Legal and Ethical Challenges in Digital Public Health Systems: Data Privacy, Consent, and Security. Legal Studies in Digital Age, 2(4), 13-25. https://jlsda.com/index.php/lsda/article/view/22

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