UPSC Daily Editorial Analysis | 7 February 2022
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HEALTH DATA RETENTION PLAN
What the article is about?
- Talks about the need, concerns and way ahead for health data retention as per the Ayushman Bharat Digital Mission(ABDM)
Syllabus: GS-II Government policies and interventions for the development in various sectors and issues arising out of their design and implementation
Ayushman Bharat Digital Mission:
- It aims to provide digital health IDs for all Indian citizens to help hospitals, insurance firms, and citizens access health records electronically when required.
- National Health Authority (NHA) under the Ministry of Health and Family Welfare; is the implementing agency.
Health Data Retention Plan
- Need for such a policy:
- To create a National Digital Health Ecosystem that supports Universal Health Coverage in an efficient, accessible, inclusive, affordable, timely and safe manner, through the provision of a wide range of data, information and infrastructure services ensuring the security, confidentiality and privacy of health-related personal information.
- Impact on privacy:
- Privacy is a fundamental right and any interference into the right might pass a 4 part test:
- Legality; Legitimate aim; Proportionality; Appropriate safeguards.
- Here legality becomes a concern considering the legal standing and authority of the NHA- regarding healthcare providers
- Privacy is a fundamental right and any interference into the right might pass a 4 part test:
- Benefits:
- The aim of data retention is described in terms of benefits to individuals and the public at large.
- Individual benefits: Greater convenience and choice, created through portability of health records.
- Broader Public benefits: Research and innovation
- The aim of data retention is described in terms of benefits to individuals and the public at large.
- Risks:
- Globally, legal systems consider health data sensitive to handle and improper disclosure can expose a person to significant harms
- Privacy risks: Since as per Indian laws if individual rights are curtailed due to anticipated benefits; they much be clearly defined and identifiable.
- Extend to which data will be collected – personally identifiable information
- Extend to which data will be stored, used and transferred
- Data jurisdiction and validation
Way Ahead:
- A rigorous process should be there to identify the most suitable data retention plan.
- Anonymise data that is being retained for research and others to be deleted.
- Informed consent of individual and time limit for data retention.
- Need to comply with the data protection law, once it's adopted.
Conclusion:
- A use-based classification for data retention with adequate provision for anonymisation or deletion of other data will provide a suitable ecosystem for ABDM.
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