Article published in English

Article: Juridical protection of personal health information in telemedicine in the Mercosur

Jorge Nicolás LAFFERRIERE

Advocate, Universidad de Buenos Aires “UBA”; Doctor in Juridical Sciences, Pontificia Universidad Católica Argentina “UCA”. Director of Applied Legal Research, Faculty of Law, Pontificia Universidad Católica Argentina, Professor Protitular of Principles of Private Law, UCA and UBA. Editor in Chief, Revista Prudentia Iuris. Director of the Center for Bioethics, Person and Family. Former Academic Secretary of Pontificia Universidad Católica Argentina. VicePresident of the International Academy for the Study of the Jurisprudence of the Family. This article is part of a research project between the Pontificia Universidad Católica Argentina and Grenoble Ecole de Management, under the direction of Nathalie Ferraud-Ciandet.

Abstract

This paper considers the legislation in MERCOSUR about the protection of personal information in Telemedicine. As Telemedicine is a new way of exercising medicine that involves new juridical challenges, we consider the topic within the general legal framework of the MERCOSUR. MERCOSUR is 20 years old and can be properly analyzed to verify how it has dealt with the topic of Telemedicine. Telemedicine involves different issues such as the problem of liability, the authorization to practice telemedicine, the protection of personal information, the system of payment and reimbursement, the informed consent and the relation between doctor and patient. We analyze only the protection of personal health information. We found out that there is no specific regulation of Telemedicine in the legal framework of practising medicine in MERCOSUR. We also analyzed the norms in Argentina and Brazil to draw some conclusions. Finally, we propose some guidelines for public policyThis paper considers the legislation in MERCOSUR about the protection of personal information in Telemedicine. As Telemedicine is a new way of exercising medicine that involves new juridical challenges, we consider the topic within the general legal framework of the MERCOSUR. MERCOSUR is 20 years old and can be properly analyzed to verify how it has dealt with the topic of Telemedicine. Telemedicine involves different issues such as the problem of liability, the authorization to practice telemedicine, the protection of personal information, the system of payment and reimbursement, the informed consent and the relation between doctor and patient. We analyze only the protection of personal health information. We found out that there is no specific regulation of Telemedicine in the legal framework of practising medicine in MERCOSUR. We also analyzed the norms in Argentina and Brazil to draw some conclusions. Finally, we propose some guidelines for public policy.