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Protecting the health data of consumer: Need for an iron-clad law in India

By: Tripathi, Ashutosh. and Behi, Tushar.
Material type: materialTypeLabelBookPublisher: International Journal on Consumer Law and practice Description: 8, 2020: p.105-117.Subject(s): Consumer protection, Data, constitution, Health, Privacy In: International Journal on Consumer Law and practiceSummary: One of the major concerns for all countries presently dealing with COVID-19 pandemic is to strike a balance between the privacy rights of the patients and public health surveillance, which is being done through various apps like Arogya Setu in India, which is needed in the larger interest of the society. Public health surveillance system although with good intention has to respect the privacy of the people-Supreme Court of India has recognized rights privacy as a part of right to life under the art 21 of the constituting of India in the puttaswamy judgment. In this essay, it is argued, that the present legal framework regarding the health protection data in India is not sufficient for protecting the sensitive data of the patients although certain steps have been taken but all are in the forms of the bill, namely, digital information security in healthcare and personal data protection of health data mainly that of USA and Australia. The essay explains why India will be well ahead in terms of health protection data if we implement all the laws, which are still at the draft stage. – Reproduced
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Articles Articles Indian Institute of Public Administration
8, 2020: p.105-117 Available AR123472

One of the major concerns for all countries presently dealing with COVID-19 pandemic is to strike a balance between the privacy rights of the patients and public health surveillance, which is being done through various apps like Arogya Setu in India, which is needed in the larger interest of the society. Public health surveillance system although with good intention has to respect the privacy of the people-Supreme Court of India has recognized rights privacy as a part of right to life under the art 21 of the constituting of India in the puttaswamy judgment.
In this essay, it is argued, that the present legal framework regarding the health protection data in India is not sufficient for protecting the sensitive data of the patients although certain steps have been taken but all are in the forms of the bill, namely, digital information security in healthcare and personal data protection of health data mainly that of USA and Australia. The essay explains why India will be well ahead in terms of health protection data if we implement all the laws, which are still at the draft stage. – Reproduced

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