A smartphone app that transmits sensitive medical data about a patient in real-time; portable accessories such as fitness trackers, heart rate detectors, and blood glucose monitors that may be plugged into a smartphone or tablet for medical purposes; an ultrasound wand that may be plugged into a smartphone to provide images of a baby on a smartphone’s touchscreen. Needless to say, modern technologies are developing at the speed of light. With new technologies, however, a multitude of legal issues to be considered.
For starters, privacy and security issues must be addressed when portable devices store sensitive and confidential patient information. Where certain types of information may be considered as personal information, any medical information pertaining to a patient is likely to fall within the category of sensitive personal information, which requires greater measures of safety and protection. Aside from privacy and security issues, the Canada Food and Drugs Act and its medical device regulations apply to any software designed for use in the diagnosis, mitigation, treatment, or prevention of a disease, disorder or abnormal physical state of a patient. Issues pertaining to product liability are also important considerations for medical app developers.
In short, while modern technologies offer incredible opportunities to innovate across all industry sectors, legal issues must not be overlooked in the process. Doing so can only be detrimental to businesses and individuals, whether consumers, patients, employees, users, etc.
Smit LeSieur is a Full-Service International Law Firm based in Toronto. Areas of practice include data privacy, cybersecurity, Internet and e-commerce, intellectual property, access to information, media and entertainment, marketing and advertising. More information is available at http://www.smitlesieur.com.
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