Use of New Information and Communication Technologies in the Health Sector: The Legal Reason for Differences Between International and European Standards

Abstract

Legislative and regulatory norms applicable to digital health vary from one country to another. These differences can be explained by the vision States have of the use of new technologies in the health sector. France, country of clinical traditions has opted for a practice-focused use of new technologies, making rise then a singular definition of telehealth whereas other countries opted for a larger vision and now consider the medical performance as a service delivery, far beyond the simple medical act. From these conceptions result different practices but all of them are based on the same legal basis. Same statement is made for the legal status of the connected objects and the DATA created from them. Therefore, it seems that, according to the norms, economic competitiveness within the health sector is different from one country to another. Liberal norms are seen as more conducive to projects development contrary to more restrictive ones, considered as more respectful to fundamental human rights. Solving the equation by making a choice between the economic development of States and their ability to make respected the Human Rights seems inconceivable. It is then essential to think the related norm through a single conception to guarantee the equality of rights and chances.