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Comparative Study of Health Data Security under GDPR and HIPAA: Challenges and Implementation Opportunities in Iran
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Davoud Soltanian *1    , Abolfazl Ghahari1 |
| 1- Department of Law, Faculty of Law, Islamic Azad University, Tonekabon, Iran. |
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Abstract: (340 Views) |
Background and Aim: Data security has emerged as a critical challenge in the domain of electronic health, particularly with the rising adoption of digital technologies in healthcare systems. Ensuring the confidentiality and integrity of patient health information is not only a legal obligation but also an ethical imperative, necessitating innovative approaches and the establishment of comprehensive legal frameworks. This study aims to conduct a comparative analysis between two prominent regulatory frameworks, namely the Health Insurance Portability and Accountability Act (HIPAA) in the United States and the General Data Protection Regulation (GDPR) in the European Union. The focus is on identifying the strengths and weaknesses of each regulation to provide actionable recommendations for developing a localized framework in Iran.
Methods: This qualitative and comparative study is based on content analysis of the HIPAA and GDPR regulations.
Ethical Considerations: Throughout the research, principles of originality, honesty and integrity have been strictly adhered to.
Results: The analysis revealed that HIPAA, with its emphasis on protecting medical information within the U.S. healthcare system through provisions like the Privacy Rule and Security Rule, focuses on confidentiality, security and accessibility of data. In contrast, GDPR adopts a more comprehensive approach, incorporating principles such as Privacy by Design and Data Minimization, which apply to all sectors processing personal data across the EU.
Conclusion: Despite Iran's ongoing efforts to enhance its electronic infrastructure, there are notable gaps in comprehensive health data protection laws. It is recommended that a localized legal framework inspired by the principles of both HIPAA and GDPR be developed. Such an approach could enhance data security, build public trust and improve the quality of healthcare services in Iran. |
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| Keywords: Data Privacy, Cybersecurity, Electronic Health Records, Digital Health, Regulatory Challenges |
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Full-Text [PDF 589 kb]
(153 Downloads)
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Type of Study: Original Article |
Received: 2024/10/13 | Accepted: 2024/11/27 | Published: 2025/01/5
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