• Health data privacy

As a health data analytics consultant engaging with a hospital, I would like to know how should I draft my contract to ensure that I am compliant with any laws dealing with sensitive healthcare IT data
Asked 2 years ago in Business Law from Bengaluru, Karnataka
Well, drafting of agreement requires skill of a seasoned lawyer and no two drafting on the same topic is same.
So the best thing to do is to personally consult a alwyer , give him points of service and get the agreement drafted.
Devajyoti Barman
Advocate, Kolkata
13125 Answers
174 Consultations

5.0 on 5.0

1) you should get he agreement drafted by a lawyer 

2) health care providers should  obtain patients’ written consent before they disclose their health information to other people and organizations, even for treatment. 

3) Section 43 A of the Information technology Act explicitly provides that "Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected"

4) you must comply with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
Ajay Sethi
Advocate, Mumbai
46667 Answers
2759 Consultations

5.0 on 5.0

draft must contain indemnity and saving clause. there should be clear provision regarding remuneration and protection from exit policy on the principle of natural justice. 

if you provide some more details about your job profile and nature of job so we can provide you fruitful advice. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Since you are not a legal expert you should get the contract drafted by a lawyer so that it can give you the desired legal protection. The contract will be the charter of rights and liabilities of all the parties thereto.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

Your question is absolutely confusing. 
If you would like to enter into a contract on the subject with any hospital, you should see what all conditions you may impose and what all conditions the hospital imposed are agreeable to you.
The terms and conditions of the contract are to decided based on the requirements of both the sides.
All; the legal issues involved in it including jurisdictional point have to be incorporated properly in the agreement.
The contractual agreement should not arbitral or having any adverse impact to your services 
You should take the help of a lawyer either in your place or from some lawyer of this forum or elsewhere to get an agreement neatly drafted with the terms and conditions conducive to both the sides. 
T Kalaiselvan
Advocate, Vellore
36816 Answers
403 Consultations

5.0 on 5.0

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