Terroristische aanslagen maken mensen angstig en extra alert. Dat geldt ook voor artsen. Artsen v... more Terroristische aanslagen maken mensen angstig en extra alert. Dat geldt ook voor artsen. Artsen voelen de maatschappelijke plicht om de politie te attenderen op het risico van aanslagen dat uitgaat van hun patienten. Maar mag dat wel, gelet op hun beroepsgeheim? Moeten we, net als Duitsland, overwegen een wettelijke meldplicht in te voeren?
[Implant registry and patient data; physician needs to be aware of privacy laws]
Nederlands tijdschrift voor geneeskunde, 2015
In 2015 a national implant registry (LIR) was established in the Netherlands. The aim of this reg... more In 2015 a national implant registry (LIR) was established in the Netherlands. The aim of this registry is to enable the quick identification of patients with implants that subsequently cause problems. To this end, the controller of the registry collects patient data from hospitals and individual physicians. The privacy laws apply to the LIR and the disclosing hospitals and physicians. Both the controller of the registry and those who submit data to it should be aware of these laws, particularly in view of the high administrative penalties that have recently been imposed on breaches of the laws on privacy and the risk of liability claims.
Het beleid inzake de bescherming van grondrechten in verband met informatie-en cornmunicatietechn... more Het beleid inzake de bescherming van grondrechten in verband met informatie-en cornmunicatietechnologie 26 8.2 Kenmerken van het systeem van de grondrechten 26 8.3 Informatie-en communicatievrijheid en privacy; vergelijking van de grondwettelijke grondrechten 27 8.4 Discussie over herziening van de grondwet in verband met ICT 33 8.5 Beschcrming van informatie-en communicatievrijheid en privacy door wetgeving. .. 34 8.6 Bescherming van informatie-en communicatievrijheid en privacy in de rechtspraak. 36 8.7 Doorwerking van internationaal (en Europees) recht 37 8.8 Conclusies over grondrechten in het digitale tijdperk 38 8.9 Perspectief voor grondwetsherziening in Nederland 40 8 Conclusies over grondrechten in het digitate tijdperk 227
There are in the policy fields of traffic management as well as public order and safety in the Ne... more There are in the policy fields of traffic management as well as public order and safety in the Netherlands new applications of location-based services (LBS) such as the public transport chip card and the use of mobile phone location data in policing. Combining citizens' location information and personal data is essential for the provision of LBS. We explored three cases of LBS in Dutch public administration and argue that LBS may affect the balance between the roles citizens can have in their relationship with government: subject, client and citoyen. Consequently, we discuss the concept of pri- vacy in public places and relate this to European case law. It is important for govern- ment to be aware of the powerful inherent logic of LBS and how this may shape gov- ernment-citizen interaction.
or providers located in other countries because of the divergencies between the legal orders. The... more or providers located in other countries because of the divergencies between the legal orders. There is a very loose connection between user and provider, but there is even a weaker connection between the providers mutually, which makes the network system in a sense untouchable. Consideration should be given to how misuse of international networks can be controlled and prevented. This can be done by creating specific provisions concerning the misuse itself (e.g. the US Communication and Decency Act 1996, where there is no international consent about misuse), by creating explicit civil and criminal liability for providers. This should be undertaken with international agreement or e.g. in a more flexible way by enhancing binding self-regulation of the providers concerned.
Although camera surveillance, especially in public places, has been an important focal point in t... more Although camera surveillance, especially in public places, has been an important focal point in the public debate on privacy in the Netherlands, the Dutch have more or less accepted the phenomenon and nowadays almost every self-respecting town has at least one camera watching over its citizens. In the Netherlands, camera surveillance is not as common as, for instance, in the United Kingdom, where an estimated one and a half million cameras have been installed but, especially in city centers, the camera density is quite significant. In this paper, we will discuss the current state of privacy and camera surveillance in the Netherlands both in public and private places.
Towards a Common European Approach to Data Protection: A Critical Analysis of Data Protection Perspectives of the Council of Europe and the European Union
Reinventing Data Protection?, 2009
In this contribution I will focus on the background of Data Protection (DP) regulations in Europe... more In this contribution I will focus on the background of Data Protection (DP) regulations in Europe. The question whether a common approach exists for data protection in Europe can, in my opinion, be answered with “No”, at least: “Not yet”. This lack of a common approach is probably mainly caused by the fact that the development of DP legislation in
eHealth aims to support and enhance citizens' health and healthcare in general using informat... more eHealth aims to support and enhance citizens' health and healthcare in general using information technology. Medical confidentiality and protection of personal data play an important role in most eHealth applications. In July 2014, the Dutch Lower House adopted a bill that imposes conditions on electronic provision of patient data. When using social media, healthcare professionals would be prudent to observe the guidelines of the professional group. A European quality mark is required for medical apps that fall under the European Medical Devices Directive, but that does not dispel doubts about the reliability of medical apps.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.-Users may download and print one copy of any publication from the public portal for the purpose of private study or research-You may not further distribute the material or use it for any profit-making activity or commercial gain-You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.-Users may download and print one copy of any publication from the public portal for the purpose of private study or research-You may not further distribute the material or use it for any profit-making activity or commercial gain-You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
In this chapter, we will focus on the legal issues that relate to the eHealth developments in Eur... more In this chapter, we will focus on the legal issues that relate to the eHealth developments in Europe and in the Netherlands. We will analyze these legal issues after setting out the European legal framework for eHealth. But before that, we will describe the eHealth policy developments at the EU level and we will give a few examples of eHealth
Terroristische aanslagen maken mensen angstig en extra alert. Dat geldt ook voor artsen. Artsen v... more Terroristische aanslagen maken mensen angstig en extra alert. Dat geldt ook voor artsen. Artsen voelen de maatschappelijke plicht om de politie te attenderen op het risico van aanslagen dat uitgaat van hun patienten. Maar mag dat wel, gelet op hun beroepsgeheim? Moeten we, net als Duitsland, overwegen een wettelijke meldplicht in te voeren?
[Implant registry and patient data; physician needs to be aware of privacy laws]
Nederlands tijdschrift voor geneeskunde, 2015
In 2015 a national implant registry (LIR) was established in the Netherlands. The aim of this reg... more In 2015 a national implant registry (LIR) was established in the Netherlands. The aim of this registry is to enable the quick identification of patients with implants that subsequently cause problems. To this end, the controller of the registry collects patient data from hospitals and individual physicians. The privacy laws apply to the LIR and the disclosing hospitals and physicians. Both the controller of the registry and those who submit data to it should be aware of these laws, particularly in view of the high administrative penalties that have recently been imposed on breaches of the laws on privacy and the risk of liability claims.
Het beleid inzake de bescherming van grondrechten in verband met informatie-en cornmunicatietechn... more Het beleid inzake de bescherming van grondrechten in verband met informatie-en cornmunicatietechnologie 26 8.2 Kenmerken van het systeem van de grondrechten 26 8.3 Informatie-en communicatievrijheid en privacy; vergelijking van de grondwettelijke grondrechten 27 8.4 Discussie over herziening van de grondwet in verband met ICT 33 8.5 Beschcrming van informatie-en communicatievrijheid en privacy door wetgeving. .. 34 8.6 Bescherming van informatie-en communicatievrijheid en privacy in de rechtspraak. 36 8.7 Doorwerking van internationaal (en Europees) recht 37 8.8 Conclusies over grondrechten in het digitale tijdperk 38 8.9 Perspectief voor grondwetsherziening in Nederland 40 8 Conclusies over grondrechten in het digitate tijdperk 227
There are in the policy fields of traffic management as well as public order and safety in the Ne... more There are in the policy fields of traffic management as well as public order and safety in the Netherlands new applications of location-based services (LBS) such as the public transport chip card and the use of mobile phone location data in policing. Combining citizens' location information and personal data is essential for the provision of LBS. We explored three cases of LBS in Dutch public administration and argue that LBS may affect the balance between the roles citizens can have in their relationship with government: subject, client and citoyen. Consequently, we discuss the concept of pri- vacy in public places and relate this to European case law. It is important for govern- ment to be aware of the powerful inherent logic of LBS and how this may shape gov- ernment-citizen interaction.
or providers located in other countries because of the divergencies between the legal orders. The... more or providers located in other countries because of the divergencies between the legal orders. There is a very loose connection between user and provider, but there is even a weaker connection between the providers mutually, which makes the network system in a sense untouchable. Consideration should be given to how misuse of international networks can be controlled and prevented. This can be done by creating specific provisions concerning the misuse itself (e.g. the US Communication and Decency Act 1996, where there is no international consent about misuse), by creating explicit civil and criminal liability for providers. This should be undertaken with international agreement or e.g. in a more flexible way by enhancing binding self-regulation of the providers concerned.
Although camera surveillance, especially in public places, has been an important focal point in t... more Although camera surveillance, especially in public places, has been an important focal point in the public debate on privacy in the Netherlands, the Dutch have more or less accepted the phenomenon and nowadays almost every self-respecting town has at least one camera watching over its citizens. In the Netherlands, camera surveillance is not as common as, for instance, in the United Kingdom, where an estimated one and a half million cameras have been installed but, especially in city centers, the camera density is quite significant. In this paper, we will discuss the current state of privacy and camera surveillance in the Netherlands both in public and private places.
Towards a Common European Approach to Data Protection: A Critical Analysis of Data Protection Perspectives of the Council of Europe and the European Union
Reinventing Data Protection?, 2009
In this contribution I will focus on the background of Data Protection (DP) regulations in Europe... more In this contribution I will focus on the background of Data Protection (DP) regulations in Europe. The question whether a common approach exists for data protection in Europe can, in my opinion, be answered with “No”, at least: “Not yet”. This lack of a common approach is probably mainly caused by the fact that the development of DP legislation in
eHealth aims to support and enhance citizens' health and healthcare in general using informat... more eHealth aims to support and enhance citizens' health and healthcare in general using information technology. Medical confidentiality and protection of personal data play an important role in most eHealth applications. In July 2014, the Dutch Lower House adopted a bill that imposes conditions on electronic provision of patient data. When using social media, healthcare professionals would be prudent to observe the guidelines of the professional group. A European quality mark is required for medical apps that fall under the European Medical Devices Directive, but that does not dispel doubts about the reliability of medical apps.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.-Users may download and print one copy of any publication from the public portal for the purpose of private study or research-You may not further distribute the material or use it for any profit-making activity or commercial gain-You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.-Users may download and print one copy of any publication from the public portal for the purpose of private study or research-You may not further distribute the material or use it for any profit-making activity or commercial gain-You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.
In this chapter, we will focus on the legal issues that relate to the eHealth developments in Eur... more In this chapter, we will focus on the legal issues that relate to the eHealth developments in Europe and in the Netherlands. We will analyze these legal issues after setting out the European legal framework for eHealth. But before that, we will describe the eHealth policy developments at the EU level and we will give a few examples of eHealth
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