New Paper on the legal issues of Personal Health Records

New publication on the legal issues of PHR and the Italian e-health legislation


Guarda P., Ducato R., Profili giuridici dei Personal Health Records: l’autogestione dei dati sanitari da parte del paziente tra privacy e tutela della salute [Legal issues of Personal Health Records: the patient self-management of health data between privacy and the right to health], in Rivista Critica di Diritto Privato, n. 3, 2014, pp. 389-419





In 2012 the Italian Legislator has begun a process of mandatory adoption of the national Electronic Health Records (EHR) system, in which the patient plays a pivotal role: with the implementation of the Fascicolo sanitario elettronico (FSE), patients will have access to their EHRs through the online platform, and decide which data to share and with whom. In this perspective, one of the most interesting innovations is the socalled 'taccuino', a digital space of patients' FSE in which they can autonomously record data and information relating to their health. Patients' ability to access their own health data and EHR at any time and to enter information by themselves in a personal area is a unique form of power at a European level, but their legal consequences are still vague. The aim of this contribution is to offer a first review of the Italian ehealth reform, showing the most critical aspects.