Policy, Legislation, and Ethics

The research group Law & Technology will map policy, legal, and ethical challenges of using ePortfolios in the different healthcare curricula.

They will develop a legal compliance framework and a code of ethics to ground ePortfolio implementation in the different workplace learning settings.

Current research

This work package brings pressing legal questions to light and tries to analyze them in an applied way. After all, the aim is to develop an ePortfolio that complies with the applicable legislative frameworks.

During the first part of the project, the focus was on respect for privacy within ePortfolio. We looked at some issues concerning data protection law and criminal professional secrecy:

  1. Who is responsible for the processing of personal data within the SCAFFOLD ePortfolio? Identifying this actor is of fundamental importance, as it is responsible for compliance with the obligations of the General Data Protection Regulation to protect the personal data of data subjects.

2. Is it permissible to process personal (health) data within the SCAFFOLD-ePortfolio? More specifically, it was investigated whether there is a valid legal ground on the basis of which the personal data in the SCAFFOLD ePortfolio may be processed for training purposes.

3. Can a data subject validly consent to the processing of his/her personal data for training purposes in the SCAFFOLD ePortfolio? In particular, sufficient attention must be given to the free nature of the consent, so that the applicant does not feel compelled to consent for fear of being treated differently if he/she does not consent.   

4. Is the trainee healthcare provider's professional secrecy violated when using the SCAFFOLD ePortfolio? After all, confidential information shared between the applicant and care provider cannot be circulated without reason by using the SCAFFOLD-ePortfolio. Respect for confidentiality and limiting the people who have access to such information is therefore important.

Future research

The findings were converted into practical recommendations for the development of the prototype in work package 1. In addition, numerous other legal issues are being investigated, such as copyright or ownership of the user content in the digital platform.

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