Policies, Guidelines and Laws in Nursing Informatics

Policies, Guidelines and Laws in Nursing Informatics Advanced practice registered nurses (APRNs) now work in a rapidly changing, complex healthcare system. This system is transforming to prioritize patient safety, quality care, population health, and cost reduction. This unit will cover intellectual property law, copyright law, data privacy (including the Data Privacy Act), and netiquette. 1. Intellectual Property Law  Intellectual property (IP) encompasses creations of the mind, including inventions, artistic works, designs, and brand identifiers. Legal protections like patents, copyrights, and trademarks safeguard IP, allowing creators to profit from their work. The IP system balances the rights of innovators with the public interest to encourage creativity and innovation. Republic Act No. 8293 - (An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Powers and Functions, and for Other Purposes) State declaration - The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act. otherwise known as the Intellectual Property Code of the Philippines. Parts of the law: Intellectual Property Code of the Philippines is divided into five (5) parts, to wit: I. II. III. IV. V. The Intellectual Property Office The Law on Patents The Law on Trademarks, Service Marks and Trade Names The Law on Copyright Final Provisions Intellectual property rights under the Intellectual Property Code are as follows: 1) 2) 3) 4) 5) 6) 7) Copyright and related rights; Trademarks and service marks; Geographic indications; Industrial designs; Patents; Layout designs [topographies] of integrated circuits; and Protection of undisclosed information. Government Agencies: 1) Bureau of Patents; 2) Bureau of Trademarks 3) Bureau Legal Affairs 4) Documentation, Information and Technology Transfer Bureau; 5) Management Information System and EDP Bureau; and 6) Administrative, Financial and Personnel Services Bureau. 2. Copyright Law Copyright - is a collection of all rights enjoyed by the owner of an artistic or literary work. What are considered copyrightable works in the Philippines?  Books, pamphlets, articles, and other writings  Periodicals and newspapers  Lectures, sermons, addresses, and dissertations prepared for oral delivery  Letters  Dramatic or dramatico-musical compositions  Choreographic works or entertainment in dumb shows  Musical compositions  Drawings, painting, architecture, sculpture, engraving, and lithography  Models or designs for works of art  Original ornamental designs or models for articles of manufacture  Illustrations, maps, plans, sketches, charts, and three-dimensional works relative to geography, topography, architecture, or science  Drawings or plastic works of a scientific or technical character  Photographic works, including works produced by a process analogous to photography  Lantern slides  Audio-visual works and cinematographic works, and works produced by a process analogous to cinematography or any process for making audio-visual recordings  Pictorial illustrations and advertisements  Computer programs What works are not protected by copyright under Philippine Law? 1) Ideas, procedures, systems, methods, operations, concepts, principles, discoveries, or mere data, even if expressed, explained, illustrated, or embodied in a work. 2) News of the day and other miscellaneous facts having the character of mere items of press information. 3) Official text of a legislative, administrative, or legal nature, as well as any official translation thereof. 4) Work of the Philippine government, unless there was a prior approval by the appropriate government agency; and 5) Statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. Do you need to register a copyright to protect your artistic or literary work?  No, Copyright protection begins automatically when a work is created. Who can register a copyright? The copyright can be registered by the creator, or by someone they've given the right to. 3. Privacy of Personal and Public Domains  DATA PRIVACY ACT Who Stores Data About you? o Many organizations (social media, banks, schools, government) collect personal data. Individuals have a right to control their information, but this data is essential for service delivery. The definition of "privacy" is not universally agreed upon, leading to complications. Actions like collecting unnecessary data, disclosing it improperly, or misusing it are considered intrusive. Information transfers incredibly quickly between platforms (illustrated by using existing credentials to log into different services). Privacy vs Confidentiality Privacy o o is the freedom from unwanted public attention and intrusion into one's personal life. It's the right to control access to one's personal information and to be left alone in private matters. is a personal choice; individuals can decide what information they share and when. This is evident in everyday situations (bathing, changing clothes, private conversations) and online (adjusting social media privacy settings). Confidentiality - means information is intended or expected to remain secret. It's based on trust, ensuring information shared in confidence remains private until all involved parties agree to disclose it. BASIS FOR COMPARISON Meaning PRIVACY CONFIDENTIALITY The state of being secluded is known as Privacy. Confidentiality refers to the situation when it is expected from someone that he will not divulge the information to any other person. What is it? It is the right to be let alone. Concept Limits the access of the public. Applies to Obligatory Individual No, it is the personal choice of an individual Everyone is disallowed from involving the personal affairs of an individual. Disallowed It is an agreement between the persons standing in fiduciary to maintain the secrecy of sensitive information and documents. Prevents information and documents from unauthorized access. Information Yes, when the information is professional and legal. Only unauthorized persons are disallowed from using the information. The Importance of Preserving Anonymity, Confidentiality and Privacy of Health Information are as follows: 1) To ensure safe and compassionate nursing practice. a. Respect of Human Dignity: i. Addressing patients respectfully  Using their preferred names, avoiding patronizing language, and acknowledging their autonomy in decisionmaking. ii. Providing culturally sensitive care  Being mindful of patients' cultural backgrounds and beliefs, and adapting care accordingly. iii. Maintaining patient comfort and privacy  Ensuring patients feel comfortable and safe during procedures and treatments, and respecting their need for modesty. iv. Promoting patient self-esteem  Encouraging patients to participate in their care and celebrating their strengths. b. Anonymity: i. Protecting patient identities in research  Using de-identified (pseudonyms) data in research studies to prevent disclosure of personal information. ii. Not disclosing patient information in public settings  Avoiding discussions about patients in hallways or other public areas. c. Privacy i. Ensuring privacy during examinations and treatments  Closing curtains or doors, and providing appropriate draping. ii. Respecting patient requests for privacy  Honoring patients' wishes to not have visitors or to have limited access to their medical records. iii. Protecting patient health information  Only accessing and sharing patient information that is necessary for their care. iv. Securely storing and disposing of patient records  Following proper procedures for the storage and disposal of patient records to prevent unauthorized access. d. Confidentiality: i. Only sharing patient information with authorized individuals  This includes other healthcare providers involved in the patient's care, and only when necessary for their treatment. ii. Protecting patient information from unauthorized access  Using secure methods of communication and storage to prevent unauthorized access to patient records. iii. Not discussing patient information with family or friends  Maintaining the privacy of patient information by not discussing it with unauthorized individuals. Data Privacy Act of the Philippines Republic Act 10173 - Known as the "Data Privacy Act of 2012" Pursuant to the mandate of the national privacy commission to administer and implement the provisions of the data privacy act of 2012, and to monitor and ensure compliance of the country with international standards set for data protection, the following rules and regulations are hereby promulgated to effectively implement the provisions of the act: Rule IV. Data Privacy Principles Section 17. General data privacy principles. The processing of personal data shall be allowed, subject to compliance with the requirements of the act and other laws allowing disclosure of information to the public, and adherence to the principles of transparency, legitimate purpose, and proportionality. Section 18. Principles of transparency, legitimate purpose and proportionality. The processing of personal data shall be allowed subject to adherence to the principles of transparency, legitimate purpose, and proportionality. A. Transparency. The data subject must be aware of the nature, purpose, and extent of the processing of his or her personal data, including the risks and safeguards involved, the identity of Personal information controller, his or her rights as a data subject, and how these can be exercised. Any information and communication relating to the processing of personal data should easy to access and understand, using clear and plain language. B. Legitimate purpose. The processing of information shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy. C. Proportionality. The processing of information shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal data shall be processed only if the purpose of the processing could not reasonably be fulfilled by other means. Section 19. General principles in collection, processing and retention. The processing of personal data shall adhere to the following general principles in the collection, processing, and retention of personal data: A. Collection must be for a declared, specified, and legitimate purpose. B. Personal data shall be processed fairly and lawfully. C. Processing should ensure data quality. D. Personal data shall not be retained longer than necessary. E. Any authorized further processing shall have adequate safeguards. Rule VI. Security measures for the protection of personal data Section 25. Data privacy and security. Personal information controllers and personal information processors shall implement reasonable and appropriate organizational, physical, and technical security measures for the protection of personal data. The personal information controller and personal information processor shall take steps to ensure that any natural person acting under their authority and who has access to personal data, does not process them except upon their instructions, or as required by law. The security measures shall aim to maintain the availability, integrity, and confidentiality of personal data and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing. These measures shall be implemented to protect data against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination. Section 26. Organizational Security Measures Where appropriate, personal information controllers and personal information processors shall comply with the following guidelines for organizational security A. Compliance officers B. Data protection policies. C. Records of processing activities D. Management of human resources. E. Processing of personal data Organizations must develop, implement, and review the following procedures: o Collection Procedures: o Data Processing Limitations: o Access Management, System Monitoring, and Security Incident Protocols: o Data Subject Rights: o Data Retention Schedule: Section 27. Physical security measures. Where appropriate, personal information controllers and information processors shall comply with the following guidelines for physical security: A. Policies and procedures shall be implemented to monitor and limit access to and activities in the room, workstation or facility, including guidelines that specify the proper use of and access to electronic media; B. Design of office space and work stations, including the physical arrangement of furniture and equipment, shall provide privacy to anyone processing personal data, taking into consideration the environment and accessibility to the public; C. The duties, responsibilities and schedule of individuals involved in the processing of personal data shall be clearly defined to ensure that only the individuals actually performing official duties shall be in the room or work station, at any given time; D. Any natural or juridical person or other body involved in the processing of personal data shall implement policies and procedures regarding the transfer, removal, disposal, and re- use of electronic media, to ensure appropriate protection of personal data; Rule VIII. Rights of Data Subjects E. Policies and procedures that prevent the mechanical destruction of files and equipment shall be established. The room and workstation used in the processing of personal data shall, as far as practicable, be secured against natural disasters, power disturbances, external access, and other similar threats. Rule VIII. Rights of Data Subjects Section 34. Rights of the data subject. The data subject is entitled to the following rights: A. Right to be informed. 1. The data subject has a right to be informed whether personal data pertaining to him or her shall be, are being, or have been processed, including the existence of automated decision-making and profiling. 2. The data subject shall be notified and furnished with information indicated hereunder before the entry of his or her personal data into the processing system of the personal information controller, or at the next practical opportunity: A. description of the personal data to be entered into the system; B. purposes for which they are being or will be processed, including processing for direct marketing, profiling or historical, statistical or scientific purpose; C. basis of processing, when processing is not based on the consent of the data subject; D. scope and method of the personal data processing; E. the recipients or classes of recipients to whom the personal data are or may be disclosed; F. methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject; G. the identity and contact details of the personal data controller or its representative; H. the period for which the information will be stored; and I. the existence of their rights as data subjects, including the right to access, correction, and object to the processing, as well as the right to lodge a complaint before the commission.   Right to be Informed: Data subjects have the right to be informed about how their personal data is being processed. This includes information about the purpose of processing, the recipients of the data, the methods used, and the data subject's rights. Right to Object: Data subjects have the right to object to the processing of their personal data, especially for purposes like direct marketing, automated processing, or profiling. They can also withhold consent if there are changes or amendments to the information provided to them.  Right to Access: Data subjects have the right to access their personal data held by a Personal Information Controller (PIC). This means they can request copies of their data, inquire about the processing of their data, and receive information about the source of their data.  Right to Correct: Data subjects have the right to correct any inaccurate or incomplete personal data held by a PIC. They can request that the PIC update or amend their data to ensure accuracy.  Right to Rectification, Erasure, or Blocking: Data subjects have the right to request the rectification, erasure, or blocking of their personal data under certain circumstances. For example, if the data is no longer necessary for the purpose for which it was collected, or if the processing is unlawful. Data Privacy Act as Applied In Nursing Practice Nurse's Guidelines to avoid Data Breach       Maintain the integrity of patient confidentiality -- DO NOT SHARE INFORMATION ABOUT THE PATIENT TO THOSE OUTSIDE OF CARE. If you are unsure about disclosing a patient's information, seek guidance from the Hospital's Data Protection Officer (DPO) Know by heart your hospital's Privacy Manual without fail. Never seek information about a patient for whom you are not providing care. Always maintain your patient's information confidential. Always get consent in obtaining information as well as in taking photographs 4. Netiquette Rules and Guidelines Netiquette is short for "Internet etiquette." Just like etiquette is a code of polite behavior in society, netiquette is a code of good behavior on the Internet. This includes several aspects of the Internet, such as email, social media, online chat, web forums, website comments, multiplayer and other types of online communication. While there is no official list of netiquette rules or guidelines, the general idea is to respect others Examples of rules to follow for good netiquette: 1. Avoid inflammatory or offensive comments online (a.k.a flaming). 2. Respect others' privacy by not sharing personal information, photos, or videos that another person may not want published online. 3. Never spam others by sending large amounts of unsolicited email. 4. Show good sportsmanship when playing online games, whether you win or lose. 5. Don't troll people in web forums or website comments by repeatedly nagging or annoying them. 6. Stick to the topic when posting in online forums or when commenting on photos or videos, such as or Facebook comments. 7. Don't swear or use offensive language. 8. Avoid replying to negative comments with more negative comments. Instead, break the cycle with a positive post. 9. If someone asks a question and you know the answer, offer to help. 10.Thank others who help you online. 10 Netiquette Guidelines Online Students Need to Know 1. NO YELLING, PLEASE Theres a and a place for IN MOST SITUATIONS TYPING IN ALL CAPS IS INAPPROPRIATE. Most readers tend to perceive it as shouting and will have a hard time taking what you say seriously, no matter how intelligent your response may be. If you have vision issues, there are ways to adjust how text displays so you can still see without coming across as angry. 2. Sarcasm can (and will) backfire Sarcasm has been the source of plenty of misguided arguments online, as it can incredibly difficult to understand the commenter's intent. What may seem like an obvious joke to you could come across as off-putting or rude to those who don't know you as a rule of thumb, it’s best to avoid sarcasm altogether in an online classroom. Instead, lean toward polite and direct in the way you communicate to avoid these issues. 3. Don't abuse the chat box Chat boxes are incorporated into many online classes as a place for students to share ideas and ask questions related to the lesson. It can be a helpful resource or a major distraction—it all depends on how well students know their classroom netiquette. "Rather than asking relevant questions or giving clear answers, students might use the chat to ask questions irrelevant to the discussion, or to talk about an unrelated topic," says Erin Lynch, senior educator at Test Innovators. The class chat box isn't an instant messenger like you'd use with friends. Treat it like the learning tool it's meant to be, and try not to distract your classmates with off-topic discussions. 4. Attempt to find your own answer If you're confused or stuck on an assignment, your first instinct may be to immediately ask a question. But before you ask, take the time to try to figure it out on your own. For questions related to class structure, such as due dates or refer to your syllabus and course FAQ. Attempt to find the answers to any other questions on your own using a search engine. If your questions remain unanswered after a bit of effort, feel free to bring them up with your instructor. 5. Stop grammar time! Always make an effort to use proper punctuation, spelling and grammar. Trying to decipher a string of misspelled words with erratic punctuation frustrates the reader and distracts from the point of your message. On the other hand, it's important to reasonable about others' grammar mistakes. Nobody likes the grammar police, and scolding a classmate he or she used "your" instead of "you're" isn't practicing proper netiquette. 6. Set a respectful tone Every day may feel like casual Friday in an online classroom where you don't see anyone in person, but a certain level of formality is still expected in your communication with instructors. In addition to proper punctuation and spelling, it's good netiquette to use respectful greetings and signatures, full sentences and even the same old "please" and "thank you" you use in real life. 7. Submit files the right way You won't be printing assignments and handing to them to your teacher in person, so knowing how to properly submit your work online is key to your success as an online student. Online course instructors often establish ground rules for file assignment submissions, like naming conventions that help them keep things organized or acceptable file formats. Ignoring these instructions is a common example of bad netiquette. If you don't follow instructions, you're taking the risk that your instructor won't be able to find or open your assignment. Save yourself and your instructor a headache and read their instructions carefully before submitting. 8. Read first Take some time to read through each of the previous discussion post responses before writing your own response. If the original asked a specific question, there's a good chance someone has already answered it. Submitting an answer that is eerily similar to a classmate's indicates to the instructor that you haven't paid attention to the conversation thus far. Remember, discussions can move fairly quickly so it's to absorb all of the information before crafting your reply. Building upon a classmate's thought or attempting to add something new to the conversation will show your instructor you've been paying attention. 9. Think before you type A passing comment spoken in class can be forgotten a few minutes later, but what you share in an online classroom is part of a permanent digital record. Not only is it good practice to be guarded when it comes to personal information, you always want to be just as respectful toward others as you would be if you were sitting in the same room together. Zink says a good rule of thumb to follow is if you're comfortable standing up in front of a classroom and saying your message, then it's most likely okay to share. 10. Be kind and professional Online communication comes with a level of anonymity that doesn't exist when you're talking to someone face-to-face. Sometimes this leads people to behave rudely when they disagree with one another. Online students probably don't have the complete anonymity that comes with using a screen name, but you could still fall prey to treating someone poorly of the distance between screens. Make a point to be kind and respectful in your comments---even if you disagree with someone.