With the current episode of pandemic COVID-19 that the world is facing, healthcare information has assumed prime importance. Recent incidents like sharing a pdf which contained the names and addresses of people infected with COVID-19 was a breach of unauthorised data sharing of which was not consented to. The panic for pandemic led to data release of Tablighi Jamaat attendees who then became a targeted religion.
While India does not have a robust framework to address the data protection, security and privacy concerns, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”) exist touching upon the issue. Under Rule 3, health care information has been categorised into sensitive personal data. As per Rule 6, government can request the sensitive data and shall mention that information shall not be shared with any other person. However, the SPDI Rules fail to hold any one accountable. The SPDI Rules are silent on the treatment or availability of the data after it has been shared with the government.
Under the notification for Electronic Health Records, 2016 issued by the health ministry, data can be shared with a third party without the consent of the data subject in the following two events:
Where a court order has been procured information will be provided on an ‘as is’ basis; or
Anonymisation of data where identification of the patient is not possible.
However, even this fails to hold anyone accountable. This system calls for a data collection system which is trustless, transparent and interoperable so that the information can be disclosed or shared with a third party or stakeholders in a lawful manner. Blockchain technology has the potential to be utilised in such a manner that will keep the patients interests at the centre. Blockchain technology is capable of making the electronic record more secure and reliable. On multiple occasions, health care information is required to be exchanged with multiple stakeholders including insurers. Sharing information via blockchain also has benefits like identity verification and secure access. Real time exchange of information on blockchain can help all the relevant stakeholders track the status on a single point, from filling an insurance form to actually receiving the money without any inconsistencies. Further, since the data is hashed, only relevant parties will have access to data thus also ensuring accuracy of the information uploaded on the blockchain. On a blockchain network, the data is decentralised thus eliminates tampering with the data. This makes it less prone to factors like hacking. Proper government support can make blockchain optimum at its best.
While not all ailments of the healthcare sector be treated with blockchain, mere data sharing via blockchain reduces costs extensively and therefore making the healthcare more accessible to people.
Comments