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The concept of Datenherrschaft of patient information from a Lockean perspective

Jani Simo Sakari Koskinen (Department of Information Systems Science, University of Turku, Turku, Finland)
Ville Matti Antero Kainu (Turku School of Economics, University of Turku, Turku, Finland)
Kai Kristian Kimppa (Department of Information Systems Science, University of Turku, Turku, Finland)

Journal of Information, Communication and Ethics in Society

ISSN: 1477-996X

Article publication date: 14 March 2016

172

Abstract

Purpose

The purpose of this paper is to analyse the current status of ownership of patient information from a Lockean perspective and then present Datenherrschaft (German for “mastery over information”) as a new model for patient ownership of patient information.

Design/methodology/approach

This paper is theoretical in approach. It is based on arguments derived from Locke’s Two Treatises of Government. Legal examples of the current situation are derived from Finnish, UK and Swedish legislation.

Findings

Current legislation concerning patient information is not clearly formulated and so recognising a new right on the part of the patient, Datenherrschaft, would be an ethically justifiable way of remedying the issue.

Research limitations/implications

The legal analysis was limited to Finland, the UK and Sweden, and so other legislation should be looked at in future research. Datenherrschaft is used as an example of an ethically justified way of regulating patient information ownership and should be analysed further.

Originality/value

Patient information ownership is an issue that is not unambiguously solved in many countries, nor has it, in our view, been ethically justified. The potential solution presented in this paper is clear and has strong ethical justifications.

Keywords

Citation

Koskinen, J.S.S., Kainu, V.M.A. and Kimppa, K.K. (2016), "The concept of Datenherrschaft of patient information from a Lockean perspective", Journal of Information, Communication and Ethics in Society, Vol. 14 No. 1, pp. 70-86. https://doi.org/10.1108/JICES-06-2014-0029

Publisher

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Emerald Group Publishing Limited

Copyright © 2016, Emerald Group Publishing Limited

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