- Legal Articles
- Ask Elhais
December 23, 2020|
A new agenda and regulation are on track by the government of UAE that is Cabinet Decision 32 of 2020 as an Implementing Regulation for Federal Law number 2 of 2019 regarding the usage Information Technology in the health care industry.
Corporate Lawyers of Dubai had in their previous article discussed the very aspects of the Federal Law for IT in healthcare industry, hereinafter referred to as the Federal Law, which aimed at safeguarding the confidential and private information of patients and provides a surety that such information will only be shared with relevant authorities.
The implementing regulations lays down the rules and regulations pertaining to the usage and transfer of data collected by healthcare institutes. The Implementing Regulation obliges the authorities to take proper consents and approval prior to releasing any personal health related information of the patient. They are further obliged to immediately inform the relevant authorities to report any illicit usage of health information, shall use encrypted channels to transfer any information and shall take all due and necessary steps to prevent the misuse of confidential health information of all the patients.
The Implementing Regulation identifies with the usage of Federal Law No. 2/2019 on the Use of Information and Communication Technology in Health Fields (the "ITC Health Law"). The ITC Health Law applies to health data and the utilization of ICT in healthcare fields in the UAE whether it is in mainland or in the free zone.
In addition, the law defines "ICT" as Information and communication technology, which is characterized in the law as the specialized or electronic devices or tools, frameworks or other media allowing the handling of data and information, including capacity, recovery, transmission and trade. The ITC Health Law expects to protect the uprightness and secrecy of healthcare data, just as to guarantee accessibility of, and access to, such data by approved parties or authorities.
The ITC Health Law builds up the "Focal System" which is an electronic stage for the assortment, examination and maintenance of Health Information and Data by the MoHAP (Ministry of Health and Prevention). "Health Information" is comprehensively characterized in the law as data collected through audio, visual or readable information related to health sector.
Whereas, a data is defined as whatever might be put away, prepared, produced or transferred through information and communication technology, for example, numbers, letters, codes, and photographs. The law gives that the Central System, along with its electronic framework standards, principles and controls, are to be actualized by guideline, and it is the Implementing Regulation that plans to accomplish that.
Given the idea of numerous corporate set-ups in the pharmaceutical and medicinal services working in the UAE, such an arrangement disallows the sharing of health-related data and information obtained in the country with group companies registered outside the country.
Regularly, worldwide pharmaceutical and human services organizations are required to transfer health-related data and information to a parent or associate for examination, pharma-vigilance and additionally different purposes, and hence the issuance of the implementing regulation will define the procedure of transmitting such information without contradicting the relevant law.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Your email address will not be published. Required fields are marked *