Mobile cloud for enabling the EU eHealth sector: Regulatory issues and opportunities

2011 Technical Symposium at ITU Telecom World, ITU WT 11

Volumn , Issue , 2011, Pages 51-56

  Balboni, Paolo ^a   Iafelice, Bruno ^b  

^a European Privacy Association (EPA)   (Belgium)

^b UNIVERSITY OF BOLOGNA   (Italy)

Author keywords

compliance; data protection; data security; eHealth; interoperability; legal issues; Mobile cloud computing; telemedicine

Indexed keywords

CLOUD SERVICES; COMPLIANCE; COMPUTING SERVICES; COMPUTING TECHNOLOGY; CRITICAL SUCCESS FACTOR; DATA PROTECTION; DATA SECURITY AND PRIVACY; EHEALTH; FORWARD-FOCUSING; IT CAPABILITIES; LEGAL ISSUES; MOBILE BROADBAND; PATIENT DATA; REGULATORY ISSUES; ROBUST NETWORK;

COMPUTER SOFTWARE PORTABILITY; DATA PRIVACY; HOSPITAL DATA PROCESSING; INTEROPERABILITY; LAWS AND LEGISLATION; MOBILE TELECOMMUNICATION SYSTEMS; SECURITY OF DATA; TELEMEDICINE;

CLOUD COMPUTING;

EID: 84855371757     PISSN: None     EISSN: None     Source Type: Conference Proceeding    
DOI: None     Document Type: Conference Paper

References (25)

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3. NIST "Guidelines on Security andPrivacy in Public Cloud Computing" 2011, pp. 13 ss.http://csrc.nist.gov/publications/drafts/800- 144/Draft-SP-800-144-cloud-computing.pdf;
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7. Id.
8. ENISA "Security and Resilience in Governemnt Clouds" 2011, pp. 99 ss.;
9. European Commission "Study on the Legal Framework for Interoperable eHealth in Europe" 2009, pp 11 ss. http://ec.europa.eu/information-society/ activities/health/docs/studies/legal-fw-interop/ehealth-legal-fmwk-final-report. pdf.
10. "The European Commission has been investing in eHealth research for over 20 years. Since 2004, it has been developing targeted policy initiatives aimed at fostering widespread adoption of eHealth technologies across the EU. In 2010, the flagship initiatives Digital Agenda for Europe and Innovation Union were launched as part of the EU's "Europe 2020" strategy for smart, sustainable and inclusive growth. Both flagships incorporate an important role for eHealth: the Digital Agenda for Europe includes a number of targeted eHealth actions and goals as part of a wider strategy towards sustainable healthcare and ICTbased support for dignified and independent living. The Innovation Union strategy, introduces the concept of a pilot European Innovation Partnership on active and healthy ageing, which will be launched in 2011. In parallel, Member States have been taking a complementary and proactive approach to eHealth. Council Conclusions adopted on 1 December 2009 called upon the European Commission to update the 2004 eHealth Action Plan. This has been followed up by the creation of the "eHealth Governance Initiative", driven by Member States and jointly supported by DG INFSO and SANCO. The overall objective of the initiative is to contribute actively to the shaping of the eHealth political agenda at EU level, with a specific focus on interoperability. This second eHealth action plan (eHAP) provides an opportunity to consolidate the actions which have been addressed to date, take them a step further where possible and provide a longer term vision for eHealth in Europe, in the context the EU 2020 Strategy, the Digital Agenda for Europe as well as Innovation Union and its associated European Innovation Partnership on Active and Healthy Ageing. (...)The overall policy objectives of the initiative are: to continue to support Member States and healthcare providers so that they may benefit from ICT solutions in the best interest of patients, healthcare systems and society; to help enable an innovation friendly enviroment and to make best use of innovation in health. In addition, eHealth Action Plan shall ensure the successful achievement of objectives of the Digital Agenda(4) and European Innovation Partnership on Active and Healthy Ageing. To achieve such overall policy objectives at EU level, the Commission plans to work to: Increase awareness of the benefits and opportunities of eHealth, and empower citizens, patients and healthcare professionals Address issues currently impeding eHealth interoperability Improve legal certainty for eHealth Support innovation and research in eHealth and development of a competitive European and global market." Public Consultation on the eHealth Action Plan (eHAP) 2012-2020 http://ec.europa.eu/information-society/activities/health/ehealth-ap- consultation/index-en.htm.
11. SPEECH/11/183. Date: 16/03/2011 Viviane Reding Vice-President of the European Commission Reding "Your data, your rights: Safeguarding your privacy in a connected world", http://europa.eu/rapid/pressReleasesAction. do?reference=SPEECH/11/183&format=HTML&aged=0&language= EN&guiLanguage=en.
12. M. Armbrust, A. Fox, R. Griffith, A. D. Joseph, R. Katz, A. Konwinski, G. Lee, D. Patterson, A. Rabkin, I. Stoica, and M. Zaharia, "Above the Clouds: A Berkeley View of Cloud Computing", A report of UC Berkeley Reliable Adaptive Distributed Systems Laboratory, 2009.
13. Report "Role of optical wireless broadband in the evolving mobile ecosystem", Chetan Sharm Consulting 2011.
14. See footnote 5.
15. Peter Hustinx - European Data Protection Supervisor "Ensuring trust in e-Health through strong health data protection" Parliament Magazine, Issue 303, 8 March 2010, p. 40.
16. European Commission "Study on the Legal Framework for Interoperable eHealth in Europe" 2009, pp 21 ss., 75 ss.
17. See footnote 9.
18. Article 29 Data Protection Working Party Opinion 1/2010 on the concepts of "controller" and "processor", http://ec.europa.eu/ justice/policies/privacy/docs/wpdocs/2010/wp169-en.pdf.
19. Council of Europe Discussion Paper "Cloud computing and its implications on data protection" 2010, pp. 12-13 http://www.coe.int/t/dghl/ cooperation/economiccrime/cybercrime/Documents/Reports-Presentations/ 2079-reps-IF10-yvespoullet1b.pdf.
20. Such interpretation also conforms by analogy to what set out in the whereas 47 Directive 95/46/EC "(47) Whereas where a message containing personal data is transmitted by means of a telecommunications or electronic mail service, the sole purpose of which is the transmission of such messages, the controller in respect of the personal data contained in the message will normally be considered to be the person from whom the message originates, rather than the person offering the transmission services; whereas, nevertheless, those offering such services will normally be considered controllers in respect of the processing of the."
21. Article 29 Working Party, in the (WP 131/2007) Working Document on the processing of personal data relating to health in electronic health records (EHR), p.19 http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2007/wp131- en.pdf.
22. Id.
23. Identity and access management supports provisioning, credential and attribute management, entitlement management, compliance management, identity federation management, centralization of authentication and authorization.
24. McKinsey Quarterly Report "Can India lead the mobile-Internet revolution?", July 2011.
25. ENISA "Security and Resilience in Governemnt Clouds" 2011, pp. 43-44;