Electronic Health Records in India : Legal Framework and Regulatory Issues

The demand for healthcare is increasing globally. In India, a dual burden of communicable and non-communicable diseases along with an ageing population is affecting the demand for healthcare. Concerns for providing efficient and effective healthcare to the vulnerable population has led to the adoption of digital health records globally. Different regulatory structures have been designed in order to use these health records while maintaining privacy and security of the data so generated. India is currently debating on the framework to be followed by it for the adoption and regulation of digital health records. The present article studies the evolution and structure of global models of regulating digital health records. The proposed interventions in India are analysed based on the global study. Proposals for the way forward are made. It is suggested that India adopts a legal framework for digital health independent of the data protection laws. Clarity of objective and appropriate provisioning of incentives are critical elements of such a framework