Digital Information Security in Healthcare Act (DISHA)

About Digital Information Security in Healthcare Act (DISHA)

The Digital Information Security in Healthcare Act (DISHA) is a proposed Indian law aimed at regulating the collection, storage, and use of digital health data. It focuses on protecting the privacy, confidentiality, and security of this data. DISHA aims to facilitate the digital sharing of health records while ensuring robust safeguards for individuals’ data.

Here’s a more detailed breakdown of DISHA:

Key Goals of DISHA:

Facilitating digital health records: DISHA seeks to create a comprehensive system for storing and sharing digital health records in India.

Protecting patient data: The act aims to provide strong privacy, confidentiality, and security standards for digital health data.

Defining rights for data owners: DISHA outlines rights for individuals, including the right to rectify inaccurate data.

Defining purposes for data use: The act specifies the permissible purposes for collecting, storing, and transmitting digital health data, such as patient care, public health, and research.

Key Provisions of DISHA:

Consent-based approach: DISHA takes a consent-based approach to data protection, requiring consent at every stage of data processing.

Limited non-consent processing: While requiring consent for most data processing, DISHA allows non-consent processing for specific purposes like public health and research.

Restrictions on sharing: DISHA prohibits the sharing of anonymized data for commercial purposes.

Explicit permission for identifiable data: The act requires explicit prior permission for every identifiable use of data.

Central and State Regulators: DISHA proposes the creation of a central regulator (National Electronic Health Authority) and state regulators (State Electronic Health Authorities).

Health Information Exchanges: The act envisions establishing Health Information Exchanges by the government.

Context and Significance:

Addressing the need for health data protection: DISHA aims to address the growing need to protect digital health data in a rapidly evolving digital healthcare landscape.

Complementing other data protection laws: DISHA works in conjunction with other data protection laws in India, like the Personal Data Protection Bill (PDP Bill), to create a comprehensive framework for data governance.

Potential for streamlining healthcare: The act’s provisions for digital health records and data sharing have the potential to streamline healthcare delivery and improve patient care.