[Re: https://www.hifa.org/dgroups-rss/mhealth-innovate-36-legal-implications ]
Hi Neil
Thanks for these questions. In the mHEALTH project policy dialogue held with the MoH at the end of last year in Uganda, this was one of the topics discussed. Participants, who included frontline healthcare workers, MoH representatives, organisations managing the implementation of health services and health professions organisations, noted that the current Data Protection and Privacy Act of Uganda, 2019 aims to protect the privacy of an individual and of personal data by regulating the collection, processing and disclosure of personal information / data. The Act also provides for the rights of the persons whose data is collected and the obligations of data collectors, data processors and data controllers. So while healthcare workers are aware that patients’ information has to be kept confidential, they may have limited knowledge of exactly how these laws and regulations regarding their obligations and responsibilities and the repercussions for violations apply when information is shared via messaging apps, such as Signal or WhatsApp.
For instance, if a clinic manager sets up a whatsapp group for clinic staff and a nurse uses the group to ask for clinical advice about a patient, would that healthcare worker be protected legally if there are questions later about why this information was shared through this type of channel? As you note, in many settings there is little or no guidance for healthcare workers on informal mobile phone use. In the mHEALTH project policy dialogue in Uganda, participants suggested some strategies to increase awareness among stakeholders about existing policies mobile phone use policies and developing new policies where needed. They went on to suggest that (1) Stakeholders need to be sensitized about data protection guidelines and policies, such as the Data Protection Act, as not everyone is aware of them; and (2) The MoH could develop further enforceable regulations around data sharing in relation to informal use and communicate clearly the consequences of sharing information that is not required or authorized.
It would be interesting to hear about policies and guidance available from other settings about informal mobile phone use and the legal protections and implications for healthcare workers.
Thanks
Simon
(One of the mHEALTH-INNOVATE projct researchers)
HIFA profile: Simon Lewin is a health systems researcher at the Norwegian University of Science and Technology (NTNU) (https://www.ntnu.edu/employees/simon.lewin), the South African Medical Research Council (www.mrc.ac.za) and the Norwegian Institute of Public Health (https://www.fhi.no/en/kn/ceir/). He has a keen interest in how research evidence can be used to inform decisions for health systems in low- and middle-income countries (LMICs) and at the global level in multilateral organisations such as the WHO. As Co-Lead of Cochrane People, Health Systems and Public Health, he has played a key role in strengthening Cochrane’s work in the field of health systems and in developing Cochrane methods for qualitative evidence synthesis. Cochrane is a HIFA supporting organisation and Simon is a member of three HIFA working groups: CHWs; mHealth-Innovate (informal use of mobile phones by health workers) and Support-Systems - How can decision-making processes for health systems strengthening and universal health coverage be made more inclusive, responsive and accountable? https://www.hifa.org/support/members/simon simon.lewin AT ntnu.no