Developing electronic health data privacy legal framework for Bangladesh

Abstract

Health data is considered one of the most sensitive forms of data that merits extra protection than any other forms of data. The increased adoption of eHealth system in the national healthcare framework has led the world to reassess the current protection mechanism and adopt a stringent regulatory framework to ensure adequate protection of eHealth data privacy. In Bangladesh. presently. there is no comprehensive data protection law but there are few provisions scattered in different legislations that seek lo ensure the protection of eHealth data privacy. The fact is that those provisions in the various legislations provide minimal protection. Therefore. it is high time for Bangladesh to reassess the present regulatory framework concerning data protection to streamline the current protection mechanism with the internationally recognized instrument. The present thesis thus investigates the current regulatory framework of Bangladesh concerning the protection of eHealth data privacy by analysing several statutes of particular relevance. The thesis also examines the current position of Bangladesh in realizing the benefits of the eHealth system. The study employs qualitative and doctrinal research methods. as well as comparative and analytical methods. are also used. The findings of the study is also supported by the semistructured interviews from related stakeholders. The primary sources are taken from statutes and decided case laws of Bangladesh. Besides. foreign laws and case decision are also being referred to as a comparison. The study finds that in Bangladesh. The piecemeal protection provided by various provisions scattered in different legislation is not adequate. Further, in the absence of comprehensive legislation and co-regulation concerning data protection as well as sectoral specific law concerning eHealth data, make the current protection mechanism even weaker. Hence the legislators should consider addressing this lacuna by enacting a comprehensive data protection legislation with a separate provision ensuring extra protection for eHealth data.