Managing legal risks in health information exchanges: A comprehensive approach to privacy, consent, and liability

Managing legal risks in health information exchanges: A comprehensive approach to privacy, consent, and liability
Tariq K Alhasan
Journal of Healthcare Risk Management, 4 March 2025
Abstract
Health Information Exchanges (HIEs) are revolutionizing healthcare by facilitating secure and timely patient data sharing across diverse organizations. However, their rapid expansion has introduced significant legal and ethical challenges, particularly regarding privacy, informed consent, and liability risks. This paper critically assesses the effectiveness of existing legal frameworks, including Health Insurance Portability and Accountability Act (HIPAA) and General Data Protection Regulation (GDPR), in addressing these challenges, revealing gaps in their application within HIEs. It argues that current consent models fail to provide meaningful control for patients, while privacy protections are weakened by issues such as re-identification and jurisdictional inconsistencies. Moreover, liability in data breaches remains complex due to ambiguous responsibility among stakeholders. The study concludes that reforms are needed, including dynamic consent models, standardized liability frameworks, and enhanced data governance structures, to ensure secure, ethical, and effective data sharing. These changes are essential to fostering patient trust, improving healthcare delivery, and aligning with Sustainable Development Goal (SDG) 3-ensuring healthy lives and promoting well-being for all.

Editor’s note: we recognise that the proposals in this article are at odds with a number of regulatory structures including GDPR and HIPAA.

Enhancing patient autonomy in data ownership: privacy models and consent frameworks for healthcare

Enhancing patient autonomy in data ownership: privacy models and consent frameworks for healthcare
Review Article
Minal R. Narkhede, Nilesh I. Wankhede, Akanksha M. Kamble
Journal of Digital Health, 3 March 2025
Abstract
Patient autonomy in healthcare has become increasingly significant in the digital age as individuals seek greater control over their health data. This review examines the ethical, legal and technological aspects of patient data ownership, emphasizing the need for privacy models and consent frameworks to empower patients, safeguard privacy and enhance transparency. Traditional doctor-patient confidentiality faces challenges due to advancements such as electronic health records, artificial intelligence and wearable technologies, necessitating updated frameworks to protect patient rights. Privacy models such as private, public and hybrid models present varying implications for data control, security and societal benefits. Emerging technologies such as blockchain and AI are revolutionizing data privacy by decentralizing data storage and enabling patient control while ensuring secure and ethical data utilization. Advanced consent frameworks, including dynamic and granular consent, provide patients with flexibility and transparency and promote trust and active participation in data-sharing decisions. Real-world implementations, such as Australia’s My Health Record and Estonia’s e-Health system, demonstrate the potential of patient-centric privacy frameworks to enhance healthcare quality and innovation. However, significant challenges persist, including regulatory ambiguities, cybersecurity risks and gaps in digital literacy. Addressing these issues requires collaboration among stakeholders to develop adaptable, secure and interoperable systems that prioritize patient autonomy. By integrating patient education, fostering interoperability and leveraging adaptive technologies, healthcare systems can balance privacy and innovation, build trust and ensure ethical data practices that empower individuals while advancing public health objectives.

Striking the Balance: Genomic Data, Consent and Altruism in the European Health Data Space

Striking the Balance: Genomic Data, Consent and Altruism in the European Health Data Space
Book Chapter
Eila El Asry, Juli Mansnérus, Sandra Liede
The European Health Data Space, 2025 [Taylor & Francis]
Abstract
The Data Governance Act (DGA) defines data altruism as sharing of data for purposes of general interest without seeking or receiving reward. The consent of the data subject is required if personal data is shared within the context of data altruism. Simultaneously, the European Health Data Space (EHDS) sets as one of its objectives to ensure a consistent and efficient framework for the secondary use of health data for the purposes of, inter alia, research, innovation and regulatory activities, thus at least partly sharing common goals with the concept of data altruism. The sharing of health data under the EHDS for secondary use is however not in principle based on the individual’s consent, though the final text includes an opt-out mechanism. This chapter discusses the compatibility of and relation between the data subject consent requirements in the DGA, GDPR and EHDS. While there is huge potential in the advanced use of genomic data for innovative biomedical research, advanced analytics and access to digitised and personalised healthcare, genetic data is inherently sensitive. Balancing the data subjects’ self-determination rights with the critical need for access to valuable data that can potentially save lives presents a significant challenge in this context.

Accelerating implementation of visual key information to improve informed consent in research: a single-institution feasibility study and implementation testing

Accelerating implementation of visual key information to improve informed consent in research: a single-institution feasibility study and implementation testing
Angela Hill, Ashley J Housten, Krista Cooksey, Eliana Goldstein, Jessica Mozersky, Mary C Politi
BMJ Open, 18 March 2025
Abstract
Objective
Current consent processes often fail to communicate study information effectively and may lead to disparities in study participation. The 2018 Common Rule introduced a mandatory key information (KI) section as a means of improving consents; however, it frequently remains lengthy and prohibitively complex. We conducted a feasibility study of an accessible visual KI template for use in routine studies.
Design
Parallel feasibility study and implementation testing.
Setting
Single Midwestern US academic centre, between July 2023 and July 2024.
Participants
To develop and implement the visual KI template, we used rapid implementation science methods and recruited decision-making and clinical experts, patients and community partners to iteratively adapt the KI template. To assess its efficacy, we surveyed patient participants eligible to enrol in one of four clinical trials that used the visual KI template as part of informed consent.
Primary and secondary outcome measures
The primary outcome was participant knowledge about clinical trial details. Secondary outcomes included decisional conflict about joining the trial (validated SURE measure), KI template acceptability (validated Acceptability of Intervention Measure) and perceived self-efficacy communicating about trial details with researchers/clinicians (items adapted from the Perceived Efficacy in Patient/Physician Interaction measure). Feasibility was evaluated based on reach, number of modifications needed to tailor the intervention to each pilot trial, and time required for ethics reviews.
Results
Of 85 study participants across the four clinical trials using the visual KI page, the weighted mean knowledge score about trial details was 87.4% correct (range 77.8%-88.9%). Few (n=9; 10.6%) reported decisional conflict about whether to participate. Almost all (n=82; 96.5%) participants stated they approve using the visual KI template. 79 (92.9%) participants reported feeling confident asking clinicians or researchers questions about the trial.
Conclusions
Visual KI templates can improve potential participant comprehension and in doing so, may reduce barriers to participation in research. Parallel feasibility studies and implementation science methods can facilitate the rapid development and evaluation of evidence-based interventions, such as improved informed consent templates.

The Effects of Written Versus Video Aids on Informed Consent Across Different Types of Surgeries: A Randomized Controlled Study

The Effects of Written Versus Video Aids on Informed Consent Across Different Types of Surgeries: A Randomized Controlled Study
Ziyao Liu, Li Yuan, Wei Rong, Pei Wang
Current Problems in Surgery, 17 March 2025
Open Access
Abstract
Background
Previous studies have demonstrated the effectiveness of written and video aids in improving surgical informed consent; however, the relative effectiveness of these two aid formats remains unclear.
Objective
To compare the effects of written and video aids on informed consent across different types of surgeries.
Methods
270 participants (193 inpatients and 77 college students) were randomly allocated to a hypothetical informed consent procedure of hemorrhoidectomy, laparoscopic cholecystectomy, or arthroscopic knee meniscus repair. Within each informed consent procedure, participants randomly received either traditional verbal informed consent, verbal informed consent plus written aids, or verbal informed consent plus video aids. Participants’ understanding of their disease and surgery, satisfaction with the consent process, and anxiety levels were assessed.
Results
Providing written aids, but not video aids, in addition to conventional verbal consent significantly improved patient understanding compared to verbal consent alone (P = 0.037). Neither aid affected patient satisfaction or anxiety (P > 0.05). No significant differences emerged in understanding, satisfaction, or anxiety scores between written and video aid groups across surgery types (P > 0.05).
Conclusions
Providing written aids can improve patient understanding but have no effect on satisfaction or anxiety during surgical informed consent process. There are no differences in the effects of written and video aids on informed consent across different surgery types. Their relative effectiveness needs to be further determined.

Improving Comprehension of Consent Forms in Online Research: An Empirical Test of Four Interventions

Improving Comprehension of Consent Forms in Online Research: An Empirical Test of Four Interventions
Research Article
Naomi K. Grant, Leah K. Hamilton, Jenalyn M. Ormita
Journal of Empirical Research on Human Research Ethics, 14 March 2025
Open Access
Abstract
Informed consent is a guiding ethical principle when conducting research involving human participants. Yet, consent forms are often skimmed or ignored, jeopardizing informed consent. In two experiments, we test four interventions designed to encourage participants to read online consent forms more carefully. Experiment 1 employed a 2 (length: short or long) by 2 (timing: fixed or free) by 2 (quiz: present or absent) between-participants design. We measured instruction-following and comprehension of the consent form. Results showed that fixed timing and a quiz led to greater instruction-following, but consent form length had no effect. Experiment 2 employed a 2 (length: short or long) by 3 (delivery format: live, audiovisual, standard written) between-participants design. Once again, length had no effect, but both live and audiovisual formats increased instruction-following and comprehension. We recommend that researchers consider using fixed timing, adding a quiz, and/or using alternative delivery formats to help participants make an informed decision.

Pictorial Art for gaining Informed Consent in low-literacy settings

Pictorial Art for gaining Informed Consent in low-literacy settings
Swapnil.G. Ghotane, Clarice. Holt, Stephen.J. Challacombe, Patric. Don-Davis, David. Kamara, Jennifer.E. Gallagher
Patient Education and Counseling, 12 March 2025
Open Access
Abstract
Objective
Gaining informed consent for research in low-literacy setting is challenging. This study explores the creation and use of pictorial art in information and consent form in Sierra Leone (SL).
Methods
A pictorial ‘information and consent’ (PIC) sheet was developed with an illustrator (co-author) and local colleagues for a national oral health survey involving school children in SL. Evaluation included 500 participants (children and parents) who received a feedback form to assess their satisfaction with pictures and also their effectiveness in aiding understanding of the research process, using a visual five-point Likert scale. Data were descriptively analysed using STATA v.18.
Results
Feedback was received from 360 children (aged 12 and 15 years) and 14 parents of 6-year-olds. The average rating, out of five, for the question about liking pictures on the PIC sheet was 4.83 (S.D. = 0.62), while rating for how well pictures helped them understand the survey was 4.87 (S.D. = 0.54). Although most feedback was positive, a small minority expressed negative views.
Conclusion
Overall, participants appreciated that the pictorial aids had helped in understanding the research process.
Practical Implications
Pictorial aids show potential to improve comprehension and informed consent in low-literacy settings, indicating a promising approach for future research in similar contexts.

Supplementing Consent for a Prospective Longitudinal Cohort Study of Infants With Antenatal Opioid Exposure: Development and Assessment of a Digital Tool

Supplementing Consent for a Prospective Longitudinal Cohort Study of Infants With Antenatal Opioid Exposure: Development and Assessment of a Digital Tool
Jamie E Newman, Leslie Clarke, Pranav Athimuthu, Megan Dhawan, Sharon Owen, Traci Beiersdorfer, Lindsay M Parlberg, Ananta Bangdiwala, Taya McMillan, Sara B DeMauro, Scott Lorch, Myriam Peralta-Carcelen, Deanne Wilson-Costello, Namasivayam Ambalavanan,   Stephanie L Merhar, Brenda Poindexter, Catherine Limperopoulos, Jonathan M Davis, Michele Walsh, Carla M Bann
JMIR Formative Research, 4 March 2025
Abstract
Background
The Outcomes of Babies With Opioid Exposure (OBOE) study is an observational cohort study examining the impact of antenatal opioid exposure on outcomes from birth to 2 years of age. COVID-19 social distancing measures presented challenges to research coordinators discussing the study at length with potential participants during the birth hospitalization, which impacted recruitment, particularly among caregivers of unexposed (control) infants. In response, the OBOE study developed a digital tool (consenter video) to supplement the informed consent process, make it more engaging, and foster greater identification with the research procedures among potential participants.
Objective
We aim to examine knowledge of the study, experiences with the consent process, and perceptions of the consenter video among potential participants of the OBOE study.
Methods
Analyses included 129 caregivers who were given the option to view the consenter video as a supplement to the consent process. Participants selected from 3 racially and ethnically diverse avatars to guide them through the 11-minute video with recorded voice-overs. After viewing the consenter video, participants completed a short survey to assess their knowledge of the study, experiences with the consent process, and perceptions of the tool, regardless of their decision to enroll in the main study. Chi-square tests were used to assess differences between caregivers of opioid-exposed and unexposed infants in survey responses and whether caregivers who selected avatars consistent with their racial or ethnic background were more likely to enroll in the study than those who selected avatars that were not consistent with their background.
Results
Participants demonstrated good understanding of the information presented, with 95% (n=123) correctly identifying the study purpose and 88% (n=112) correctly indicating that their infant would not be exposed to radiation during the magnetic resonance imaging. Nearly all indicated they were provided “just the right amount of information” (n=123, 98%) and that they understood the consent information well enough to decide whether to enroll (n=125, 97%). Survey responses were similar between caregivers of opioid-exposed infants and unexposed infants on all items except the decision to enroll. Those in the opioid-exposed group were more likely to enroll in the main study compared to the unexposed group (n=49, 89% vs n=38, 51%; P<.001). Of 81 caregivers with known race or ethnicity, 35 (43%) chose avatars to guide them through the video that matched their background. Caregivers selecting avatars consistent with their racial or ethnic background were more likely to enroll in the main study (n=29, 83% vs n=43, 57%; P=.01).
Conclusions
This interactive digital tool was helpful in informing prospective participants about the study. The consenter tool enhanced the informed consent process, reinforced why caregivers of unexposed infants were being approached, and was particularly helpful as a resource for families to understand magnetic resonance imaging procedures.

Reimagining Assent: When Things Get Lost in Translation in International Pediatric Research

Reimagining Assent: When Things Get Lost in Translation in International Pediatric Research
Original Article
Sarosh Saleem
Asian Bioethics Review, 28 February 2025
Abstract
The necessity of obtaining pediatric assent for research participation is well established within international ethical guidelines. However, the effective implementation of these guidelines poses significant challenges for research ethics committees in numerous developing countries, such as Pakistan, characterized by diverse cultural and socio-economic contexts. This paper critically examines the moral underpinnings of assent, rooted in the principle of respect for persons, which aims to empower, engage, and educate children involved in research processes. Through a case example, this paper reveals the unique obstacles faced by researchers and clinicians in Pakistan, which stem from socio-cultural norms and economic disparities. Such challenges endanger the ethical foundation of assent, creating a disconnect between its philosophical basis and practical execution. Although international guidelines permit contextual adaptation of assent procedures, such flexibility is not adequately articulated within the guidelines, nor is it typically prioritized in practice. This gap undermines the purpose of assent and inadvertently increases the risk of harm to child participants—not from the research itself but rather from a process designed to protect and empower them. This paper emphasizes greater awareness among stakeholders regarding these challenges, urging a reimagined assent process in diverse global contexts. By introducing a clear rationale within research guidelines, the intent is to ensure that researchers and Institutional Review Boards (IRBs) prioritize the contextual understanding of assent, transforming it from a mere procedural formality into a meaningful practice that mitigates potential risks to children and adolescents involved in research.

Editor’s note: We take special note of this article for both its treatment of assent and its application of various guidelines in different cultural contexts.

Complexities of competency and informed consent as applied to individuals with symptoms of Anosognosia

Complexities of competency and informed consent as applied to individuals with symptoms of Anosognosia
Nina M. Labovich
Cambridge University Press, 21 March 2025
Abstract
Anosognosia, commonly understood as a lack of insight, renders individuals with schizophrenia and schizoaffective disorder unable to understand that they are living with a disease, often resulting in a refusal to accept treatment. Typically, to impose involuntary commitment in an effort to obtain treatment, an individual must be a danger to others or themselves. Even if involuntary commitment is imposed, however, an individual may remain competent to refuse medication—despite symptoms of anosognosia and an inability to understand that they are ill. This article examines the existing legal theories of competency and informed consent and proposes a statutory definition of competency that encompasses the specific needs of people with anosognosia, while considering the significant interests at stake when taking away an individual’s right to choose or refuse treatment.