Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Legal Protection of Rights to Personal Data in Digital-Based Health Services for Indonesians (E-Health during the Covid-19 Pandemic)

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326267,
        author={Thasya  Novita and Elfia  Farida},
        title={Legal Protection of Rights to Personal Data                   in Digital-Based Health Services for Indonesians (E-Health during the Covid-19 Pandemic)},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={e-health good governance personal data},
        doi={10.4108/eai.27-7-2022.2326267}
    }
    
  • Thasya Novita
    Elfia Farida
    Year: 2023
    Legal Protection of Rights to Personal Data in Digital-Based Health Services for Indonesians (E-Health during the Covid-19 Pandemic)
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326267
Thasya Novita1,*, Elfia Farida1
  • 1: Universitas Diponegoro
*Contact email: thasyanovitasgiro@students.undip.ac.id

Abstract

The implementation of e-health in Indonesia is one form of e-government implementation, which is effective for realizing good governance. The use of information technology in the implementation of e-health raises legal issues regarding the protection of patient's personal data. This research examines how the legal protection of the right to personal data of patients in the implementation of e-health. This research used a doctrinal approach, and the collected data was analysed qualitatively. The results of this research indicate that the patient's personal data has been protected by law through the ITE Law, Health Law, Hospital Law, and the medical code of ethics as well as the ICCPR. Patients as protected parties have the right to demand accountability from health service providers in the event that a violation of the right to personal data. Confidentiality of patient health information has a close affiliation with patient rights and medical ethics. The existence of the principle of non-maleficence in health practice provides an opportunity for health workers to provide limited information about the medical condition of COVID-19 patients to outside parties who have an interest.