IEEE Technology and Society Magazine - Summer 2014 - 37

acquired through a sensing device (e.g., pacemaker).
Common experience has shown that sharing perThe data is useful when it exists in a permissible medsonal data over networks, for instance when we search
ical context, such as in a feedback loop to control and
a website, apply for credit, or make purchases, often
maintain stasis (e.g., glucose levels), or to diagnose
leads to commercial and government intrusion. Govwhen a medical event occurs (e.g., fibrillation). Mediernment listens in, ostensibly for security reasons, and
cal data at the patient level also includes transmission
businesses find ways to commoditize our information
protocols, such as device addresses, packet control
for advertising and product solicitation. In other cases,
data, hash codes, and encryption keys. Medical data
personal identity information is hacked for amassing
will be accumulated in knowledge bases and used
non-publically available information, creating fake
by inference engines to form the basis
IDs, passports, and fraudulently accessof medical information, which is typiing bank accounts.
"Electronic
cally embodied in a patient record. The
The Medical Device Security Cenmedicine" will ter, a partnership among several highly
data and information may be parsed, so it
exists in various places, usually as paperrespected institutions, has as its mission the
raise privacy
based or electronic charts, so that doctors
balancing of security, privacy, safety, and
and security
can have access. Charts authored by doceffectiveness for next-generation medical
issues that will healthcare devices. In one study they easily
tors are considered medico-legal records,
make present
and in the u.S., through convention and
purchased a used transmit/receiver online,
law, are typically "owned" by the doctor.
and gained access to a heart defibrillator/
day concerns
The difference between medical data and
pacemaker, following which they accessed
for medical
medical information is more than semanmedical telemetry data: patient name, diagrecords
tic. Although valid arguments might be
nosis, and successfully reprogramed, shut
privacy seem
made as to the right of a patient to own
down, depleted its battery, and delivered
his or her medical record, our attention
potentially fatal jolts of electricity. In 2011
benign by
is drawn to medical data, because it fura researcher told a Black Hat 2011 audicomparison.
ther differentiates itself on the basis of 1)
ence that vulnerabilities with implanted
the potential for non-medical uses, 2) the
insulin pumps worn by diabetics allowed
seriousness of harm that may occur in its misuse, and
hackers to remotely control dosage rates. As in-the-body
3) the lack of present day protection for its privacy
devices proliferate matters can only worsen. unlike
and security.
hacking financial or medical records, where the losses
Two primary concepts in medical ethics relate
are ultimately economic or privacy, these crimes conto autonomy and non-maleficence. Autonomy
stitute an assault, not merely affecting a specific victim,
deals with the natural rights of individuals to selfbut an entire class within a population.
determination and by extension the ability to make
Little doubt exists that the future practice of mediinformed decisions. The concept of non-maleficence
cine for cure, palliation and human enhancement will
is rooted in the dictum, "first, do no harm." These
be moved by computers integrally connected to the
principles serve in part as the predicate for the jurbody. The only way to protect our well-being is absoisprudential right to privacy and to one's liberty
lute, patient owned medical data.
interest (i.e., to be free from harm, to be let alone.)
Personal ownership, which is complete interest and
Author Information
title to medical data and the power to enforce those
Joe Carvalko is Adjunct Professor of Law at Quinnirights, better assures that the data will be used for
piac university, School of Law, Hamden, CT. Email:
its intended purpose.
carvalko@sbcglobal.net.

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