Opposition from the Medical Fraternity
The medical community in India has
expressed significant concerns about digital health initiatives, particularly
the DPDP Act and DISHA:
- Ambiguity in Compliance: The DPDP Act’s lack of clarity on how informal data
sharing (e.g., via WhatsApp for quick consultations) aligns with
compliance requirements creates uncertainty. Clinicians fear penalties for
unintentional violations.
- Increased Administrative Burden: Implementing data protection measures, such as
conducting data protection impact assessments and appointing data
protection officers, adds to the workload of already stretched healthcare
providers.
- Privacy Concerns:
The removal of the “sensitive personal data” category in the DPDP Act
reduces protections for health data, raising fears of misuse by private
entities or government agencies. Critics, including digital rights groups,
argue that exemptions allowing government agencies to bypass compliance
undermine patient trust.
- Resistance to Centralization: DISHA’s proposal for a National Digital Health
Authority (NeHA) raises concerns about centralized control, especially
since health is a state subject in India. This could lead to
jurisdictional conflicts and confusion over enforcement.
- Practical Constraints:
Many healthcare facilities, especially in rural areas, lack the
infrastructure and trained personnel to adopt robust cybersecurity
measures or comply with complex regulations.
India’s digital health ecosystem, exemplified by ABDM’s rapid growth, holds immense potential to transform healthcare delivery. However, securing health data requires addressing legislative gaps, infrastructure limitations, and the medical fraternity’s concerns. The DPDP Act, 2023, and draft DPDP Rules, 2025, provide a foundation, but their lack of healthcare-specific provisions and delayed enforcement pose challenges. DISHA’s revival could offer targeted solutions, while ABDM’s Health Data Management Policy needs alignment with broader regulations. By strengthening legislation, building capacity, and fostering collaboration, India can balance innovation with privacy, ensuring a secure and equitable digital health future.
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