Research Publications
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Publication Open Access Patient Information and Electronic Health Records: A Legal Appraisal with Reference to European Health Data Space(Faculty of Humanities and Sciences, SLIIT, 2023-11-01) Rathnayake, A.KThe field of medicine deals with personally identifiable health information regarding individuals. Traditionally, individual records have been stored manually. However, the increased application of information technology and digitalization caused the use of electronic health information to make the provision of healthcare. ‘Personal health information’ is unique because, it deserves legal protection. The disclosure and leakage of such information in an unauthorized way can lead to embarrassing and discriminatory circumstances. The digitalization of healthcare services has earned a reputation for enhancing quality and efficiency. The involvement of personal health information and the advent of Electronic Health Record (EHR) create a conflict on the base of privacy. The paper deals with three main objectives namely to analyse the purview of patient rights and medical information, to analyse the concept of EHR and the emergence of digital health privacy, and to study the legal aspects with reference to the regulations of the European Union and ‘Electronic Health Data Space’. Further, it extends to analyse the drawbacks in the Sri Lankan jurisdiction as well. The methodology adapted by the author in the research paper is qualitative in nature. The paper is involved with the analysis of literature pertaining to the subject of law and in addition to the desk review, the doctrinal methodology supported in the study of domestic and national legislations. In conclusion, the author has recognized the balancing of rights between the patients and clinicians in handling EHR. The author proposes a framework for Sri Lanka by setting EU Recommendation on European Health Record Exchange Format as an example to facilitate the digitalization of health data.Publication Embargo Privacy & Security in Mobile Devices, Social Network Services as Related to Business(IEEE, 2019-03-11) Harshanath, S. M. BMobile computing has made it extra easy to maintain contacts either away from home or office. These mobile computing devices are mostly meant to increase productivity in the place of work. Yet, the benefits can easily come along with a good amount of risks too. Business operations require human resources and systems and we cannot do without them in our business operations. Therefore, it is time for professionals engaged in security tasks to consider challenges to information security before considering awareness programs for workers to treat information security as a highly valuable attribute. These awareness raising programs could create attitudinal changes towards risk management with regular use of mobile devices. But, of course, rules and regulations require time to come into effect. Self-awareness brought in with attitudinal changes, takes no time. Nowadays, with the IoT (Internet of Things) it is possible to monitor use of mobile devices, moving around buildings and automobiles. This, in turn, demands robust security systems.Publication Embargo Privacy & Security in Mobile Devices, Social Network Services as Related to Business(IEEE, 2018-06-14) Harshanath, S. M. BuddhikaMobile computing has made it extra easy to maintain contacts either away from home or office. These mobile computing devices are mostly meant to increase productivity in the place of work. Yet, the benefits can easily come along with a good amount of risks too. Business operations require human resources and systems and we cannot do without them in our business operations. Therefore, it is time for professionals engaged in security tasks to consider challenges to information security before considering awareness programs for workers to treat information security as a highly valuable attribute. These awareness raising programs could create attitudinal changes towards risk management with regular use of mobile devices. But, of course, rules and regulations require time to come into effect. Self-awareness brought in with attitudinal changes, takes no time. Nowadays, with the IoT (Internet of Things) it is possible to monitor use of mobile devices, moving around buildings and automobiles. This, in turn, demands robust security systems.Publication Embargo Privacy & Security in Mobile Devices, Social Network Services and Social Reform(ttest, 2018-04) Harshanath, S. M. BuddhikaMobile computing devices and social networks have become very popular for contact away from home or in the office. Though meant for increased productivity in the workplace, the benefits are not without risks. Human resources and systems are recognized as essential to society and business operations. Challenges to information security professionals require, first of all, convincing management about the problem and then considering awareness programs for the workforce to inculcate information security as a highly valued attribute. Such awareness raising could be developed to transform attitudinal changes to follow risk management procedures for regular use with the use of mobile devices. Rules and restrictions take time to materialize. Self-control from an individual made aware of the risks takes no time. Now, with the Internet of Things (IoT) it is possible for various devices to hover around mobile users and make use of control features in buildings and automobiles as well. This makes the demand for robust security systems to ward off attacks, essentialPublication Embargo The Scope of the Data Protection Regime in Sri Lanka; The Way Forward(Faculty of Humanities and Sciences,SLIIT, 2021-09-25) Widanapathirana, S. HIn the age of business where information is recognized as one of the most essential factors, the methods by which data is obtained and maintained can jeopardize the privacy of persons and may result in multiple violations of one’s rights. Thus, proactive measures imposed through legislation is a necessity as data protection is proven to be a concern that should not be treated as trivial. Sri Lanka has, within the past few decades, made individual attempts to ensure the safety of data in various fields including the banking sector, registration of persons and in relation to the usage of computer devices. However, it remains a question as to whether Sri Lanka has successfully afforded protection against modern-day perils. A comprehensive analysis of domestic legal provisions exemplified a clear collective attempt made by the local legislature to ensure protection for data at the domestic level. However, concerns in terms of the sufficiency of the existing legal provisions in the Sri Lankan legislative framework is notable when compared with different jurisdictions such as the United Kingdom which contains recent laws regarding the subject area of data protection. Even though Sri Lankan legislative framework consists of multiple laws in the discipline of data protection in varying capacities as an umbrella of protection, similar to the United States of America, improvements can be incorporated to guarantee optimum efficiency in protection for data. Hence, the conclusion that is made, considering the prevalent legal stance of Sri Lanka and the international standards, is to ensure the recognition of the Data Protection Bill of Sri Lanka to effectively address related challenges to a level satisfactory with accountability and diligence in line with the support of the existing legislative framework on data protection.Publication Embargo The Doctrine of Confidential Information and Privacy in United Kingdom and Sri Lanka(Faculty of Humanities and Sciences,SLIIT, 2021-09-25) Mahindagoda, C.BThis paper aims to discuss whether the doctrine of confidential information and privacy in Sri Lanka (SL) & United Kingdom (UK) adequately safeguards individuals. European Convention on Human Rights Article 8 gives effect to the “right to private and family life” with the objective of protecting individuals from unsolicited interference and disturbance to their private life. However, UK who has ratified the ECHR appears to be unenthusiastic and lethargic in incorporating “right to privacy” into their own domestic law, thus the courts are left to interpret it in a favourable manner. Similarly, SL has failed to recognize the “right to privacy” within the fundamental rights chapter of the SL Constitution, even though it has ratified the International Covenant on Civil and Political Rights (ICCPR) which provides for the right to privacy in Article 17. However, there are cases that demonstrate that the courts have made effort to acknowledge the concept of privacy, granted that the focus has only been in a rather narrow section of the right to privacy.
