The concept of Datenherrschaft of patient information from a Lockean perspective
Journal of Information, Communication and Ethics in Society
ISSN: 1477-996X
Article publication date: 14 March 2016
Abstract
Purpose
The purpose of this paper is to analyse the current status of ownership of patient information from a Lockean perspective and then present Datenherrschaft (German for “mastery over information”) as a new model for patient ownership of patient information.
Design/methodology/approach
This paper is theoretical in approach. It is based on arguments derived from Locke’s Two Treatises of Government. Legal examples of the current situation are derived from Finnish, UK and Swedish legislation.
Findings
Current legislation concerning patient information is not clearly formulated and so recognising a new right on the part of the patient, Datenherrschaft, would be an ethically justifiable way of remedying the issue.
Research limitations/implications
The legal analysis was limited to Finland, the UK and Sweden, and so other legislation should be looked at in future research. Datenherrschaft is used as an example of an ethically justified way of regulating patient information ownership and should be analysed further.
Originality/value
Patient information ownership is an issue that is not unambiguously solved in many countries, nor has it, in our view, been ethically justified. The potential solution presented in this paper is clear and has strong ethical justifications.
Keywords
Citation
Koskinen, J.S.S., Kainu, V.M.A. and Kimppa, K.K. (2016), "The concept of Datenherrschaft of patient information from a Lockean perspective", Journal of Information, Communication and Ethics in Society, Vol. 14 No. 1, pp. 70-86. https://doi.org/10.1108/JICES-06-2014-0029
Publisher
:Emerald Group Publishing Limited
Copyright © 2016, Emerald Group Publishing Limited