Research Paper Legal, Ethical and Other Issues Arising ...€¦ · RFID reader can be portable,...

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University Research Paper Student: Biljana Spasic 1 Research Paper Legal, Ethical and Other Issues Arising From Use of Human- Implantable RFID Chips Introduction Throughout human history technology advances transitioned from scientist’s laboratories to the broader and often times mass use by regular people, and most of the time improved human lives. One of the technologies that we started to see more of in the last decade or so is the Radio Frequency Identification (RFID) which found its way into many areas of our lives. As it is the case with other technological advances, first came the hardware, software development followed and it has ways to go, but we still struggle with definition and implementation of the legislation to regulate the use of this technology and its various applications. One of the most controversial uses of the RFID technology is the human implantable RFID microchip. Due to its ability to uniquely identify a person and provide tracking capabilities, the wide adoption of this technology sometimes faces strong opposition from federal and state governments , advocacy groups, and individuals concerned with privacy, security, safety, and constitutional and other rights of individuals. Sometimes ethical and social issues of putting somewhat permanent identification marks on people and tracking them bring back memories and examples from not so distant history. Some religious groups raise concerns about, for them

Transcript of Research Paper Legal, Ethical and Other Issues Arising ...€¦ · RFID reader can be portable,...

Page 1: Research Paper Legal, Ethical and Other Issues Arising ...€¦ · RFID reader can be portable, handheld, or fixed, mounted on walls, doors, etc. RFID reader requires a communication

MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

1

Research Paper

Legal, Ethical and Other Issues Arising From Use of Human-Implantable RFID Chips

Introduction

Throughout human history technology advances transitioned from scientist’s

laboratories to the broader and often times mass use by regular people, and most of the

time improved human lives. One of the technologies that we started to see more of in

the last decade or so is the Radio Frequency Identification (RFID) which found its way

into many areas of our lives. As it is the case with other technological advances, first

came the hardware, software development followed and it has ways to go, but we still

struggle with definition and implementation of the legislation to regulate the use of this

technology and its various applications.

One of the most controversial uses of the RFID technology is the human

implantable RFID microchip. Due to its ability to uniquely identify a person and provide

tracking capabilities, the wide adoption of this technology sometimes faces strong

opposition from federal and state governments , advocacy groups, and individuals

concerned with privacy, security, safety, and constitutional and other rights of

individuals. Sometimes ethical and social issues of putting somewhat permanent

identification marks on people and tracking them bring back memories and examples

from not so distant history. Some religious groups raise concerns about, for them

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

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obvious, connections to undesirable implications and outcomes of apocalyptic

proportions highlighted in the religious texts.

The lack of standards, different levels of adoption and implementation across the

globe, and considerable ethical, social and legal issues that have not been sufficiently

addressed as yet add to the complexity that the adoption of this new technology faces.

The technology advancements however continue, providing new legal and other

challenges.

RFID Technology Overview

RFID is based on a well known radio transmission technology, but with different

application. This is another example of a spiral development when the technology

makes a full circle, improves and introduces new functionality and new uses.

What is Radio Frequency Identification (RFID)? It is an electronic identification

system based on radio frequency communication, comprised of the following basic

components:

1. RFID tag. It is a miniature electronic circuit, microchip, with an antenna. It is

enclosed in a special casing made of material that does not stop the radio waves,

such as special plastic or glass. An RFID tag is placed on an object or a living

body and it contains the information that identifies the object or the living body,

person or animal. It can contain a single identification data point, such as unique

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Research Paper Student: Biljana Spasic

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identification number, or up to a few pages of information. The RFID tag is

activated and data stored on the tag is read by a RFID reader.

2. RFID reader. The reader has an antenna and it can read tags from a certain

distance without direct physical contact required by similar devices such as

scanners or optical readers. The tags can be read while moving and not

necessarily in line of sight. RFID reader can be portable, handheld, or fixed,

mounted on walls, doors, etc. RFID reader requires a communication protocol

that allows it to read all tags within its range without duplicate reads (1).

3. Backend database. The database supports processing and storage of collected

RFID data, as well as data exchange with other systems as needed. The

environment includes communication protocols and communication networks for

these databases to get the data from readers and to send them to other systems

as required by the intended use.

Components of an RFID System (14)

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Research Paper Student: Biljana Spasic

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RFID tags can be read only or read/write. The read only tags are configured once,

mostly during the production cycle, and can be read many times for as long as they are

in use. Read/write tags allow for updates of their content, such as adding or changing

the data stored in a tag. They too can be read multiple times. RFID technology is fast in

replacing bar coding and optical readers because the tags are read faster and more

efficiently. An additional advantage is that tags can be read many times which supports

uses of identification tags for tracking marked objects or living beings throughout their

lifecycle.

The use of the RFID technology is wide spread. Some examples of its current uses

across industries include the following: (3)

- Human Resources - personnel identification, id cards, access control to certain

areas

- Travel – passports for entry control, tagging rental cars for tracking

- Agriculture - livestock, animal, pet identification and tracking

- Healthcare - patient identification, tracking and safety, and medication control

- Transportation - electronic toll collection, tracking high value items for increased

security

- Supply Chain - visibility of supply chain objects through product tracking, cargo

and container identification and security

- Mercantile - point of sale, replacing bar code technology, tracking targeted

products (an example is Prada merchandise)

- Education – library books, self check-out and tracking, books inventory control

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

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Example of the RFID technology application in libraries (2):

Example of RFID systems in Supply Chain (3)

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Research Paper Student: Biljana Spasic

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RFID in Healthcare, Examples of Applications

One use of the RFID technology in Healthcare is to track patients, mobile assets,

and medical staff within the healthcare organization’s premises by providing to patients

and staff RFID tags that can be conveniently attached to clothing or wrist bands while in

the hospital, and placing tags on hospital-owned assets.

Cisco and GE Health are creating an integrated system for tracking patients, mobile

equipment, other assets, and personnel by using the RFID technology (4). The

improved visibility and workflow are expected to help with streamlining processes,

improve patents’ safety and care, and ultimately increase patient satisfaction. Below are

three example diagrams of how the RFID technology is implemented and used in this

integrated solution.

Cisco example of monitoring patients’ location:

“Improve Patient

Safety with Monitoring

of Patient Location,

patient tags can be

used to monitor the

location of patients as

they move from

procedures to their

beds.” (4)

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Research Paper Student: Biljana Spasic

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Cisco example of checkpoint notification: “Reduce Asset Loss and Misplacement - To

track essential mobile

equipment such as

wheelchairs, the Cisco

Unified Wireless

Network must be

deployed pervasively

throughout the facility.

A Wi-Fi asset tag is

applied to the wheelchair so that it can be tracked either in real time as it moves

throughout your facility or, using chokepoint technology, only when it moves through a

doorway as it exits the building.” (4)

The picture below shows Cisco example of using location technology to manage staff:

“Optimize Workflow

and Staff

Management the

Location-Aware

Healthcare solution

can also be used for

staff management.”

(4)

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Research Paper Student: Biljana Spasic

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Another successful use of RFID technology in Healthcare is an introduction of

surgical RFID tags placed on the patient’s skin. These tags contain information about

patient and the procedure, and are placed on the skin near the surgical site. They are

updated with details about the surgery, kept with the medical record, and made

available for review and analysis of the collected data. The equipment uses RFID

components and local area network to transmit data to the appropriate database.

One example of a surgical RFID tag is SurgiChip, the product by InfoLogic.

“Designed to prevent surgical errors, the system now includes a larger wireless

handheld device allowing health-care workers to exchange information in real time at

the point of care.” (6) The best adoption rate of surgical RFID tags is by orthopedic

surgeons where the preventable errors, such as wrong site, are most likely to occur.

The picture below shows an example of a SurgiChip RFID tag and reader. (6)

SurgiChip aims to eliminate errors caused by using markers for the documentation of surgery.

SurgiChip is not the only surgical RFID solution on the market. There are others who

have similarly good adoption rates and overall results.

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Research Paper Student: Biljana Spasic

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Other good example of the RFID use in healthcare is in tracking medication from the

production line at the pharmaceutical company to dispensing it at the pharmacy or

hospital, even administering it to the right patient with automated control of the right,

prescribed, dosage. RFID enables faster and more precise control of medication’s path

through the pharmaceuticals supply chain and potential recalls. It also improves tracking

of particular types of drugs that are often subject to abuse, such as narcotics or some

pain medications which contain controlled substances. (11)

“RFID technology makes it easier to ensure that drugs are authentic, and it also

creates an electronic pedigree, or record of the chain of custody, from the point of

manufacture to the point of dispensing. Electronic pedigrees will improve patient safety

and protect the public health by allowing wholesalers and retailers to rapidly identify,

quarantine, and report suspected counterfeit drugs and conduct efficient, targeted

recalls.” (11)

The success of medication tracking, or any other RFID implementation in healthcare

is dependent upon process integration within workflows and efficient data flow between

the systems that create, update, use, or otherwise process the information provided by

the RFID technology components.

The patients are integral and vital part of this system and availability of their medical

information embedded in their personal RFID tags play significant role in the

improvements in care that the new technologies and processes initiated by them

enable. The more integrated the processes, the more control of steps and overall

improvement can be expected.

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

10

Implanted RFID Chips

Probably the most controversial of all RFID applications is the one which includes

RFID microchips implants in humans. In the last decade the technology advanced

enough for the human implantable microchip to be designed and manufactured. In 2004

FDA approved marketing of VeriChip, the human implantable RFID microchip that

contains person’s identification information. The FDA approval was accompanied with

the letter that outlined health risks and concerns. “Based on the information submitted in

the petition for the VeriChip(TM)Health Information Microtransponder System, FDA has

determined that the VeriChip(TM) Health Information Microtransponder System can be

classified in class II with the establishment of special controls. FDA believes that class II

special controls provide reasonable assurance of the safety and effectiveness of the

device.

The potential risks to health associated with the device are: adverse tissue reaction;

migration of implanted transponder; compromised information security; failure of

implanted transponder; failure of inserter; failure of electronic scanner; electromagnetic

interference; electrical hazards; magnetic resonance imaging incompatibility; and

needle stick. The special controls document aids in mitigating the risks by identifying

performance and safety testing, and appropriate labeling.” (15)

Human implanted RFID microchips have not had any significant following since the

FDA approval. A small number of enthusiasts had the RFID chips implanted for various

reasons. In 2004 Dr. Halamka, the Chief Information Officer at the Harvard Medical

Center, had the FRID microchip implanted in his arm to test its easy identification

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Research Paper Student: Biljana Spasic

11

capabilities for the use in healthcare but also to “evaluate the medical, privacy, social

and technological implications” (13). Others tested the software capabilities for different

every day conveniences, such as opening doors, turning on lights and so on. An

interesting commercial application of an implant is for bar hopping in Barcelona, Spain,

where a number of regular customers had the RFID chops implanted for the

convenience of faster orders and automated billing.

The picture to the left shows an example of a human

implantable RFID microchip, VeriChip, the size of two grains of

rice. (16)

VeriChip is currently the only human implantable microchip.

Human Implantable RFID Chips, Issues and Concerns

There are a number of issues and concerns concerning human RFID implants. They

range from health risks, to maturity of this technology, to ethical consequences, and

many more.

1. Health

Before the human implants, RFID chips were implanted in animals primarily for

tracking purposes. Health issues related to animal implants include adverse effects on

surrounding tissue and prominent cancer development in the areas surrounding the

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

12

implant. There are opinions that this would not be the case with humans due to the size

of the chip compared to the size of human body.

RFID emits a form of radiation. There were no formal studies to evaluate impact of

this radiation on the human body over a long period of time. Similarly, the chip and

reader create a magnetic field the effect of which has not been studied.

There are other health concerns that have not been researched to the extent

required for a comprehensive evaluation of health risks.

2. Safety

There are significant concerns about interference of RFID implant with other medical

devices, such as pace makers, and medical diagnostic equipment such as MRI. There

is a theory that an implant may cause severe burns end even react as a bullet when the

patient is taking an MRI. No significant research was made to confirm or deny these

concerns with high certainty.

White implanting the chip is relatively easy, removing it may not be. One of the

reasons is that the chip may migrate and move through the body, and locating it may be

a challenge.

3. Technology / Data

Currently the RFID chip contains a 16 digit code that identifies the carrier. There is

no universal standard for any RFID coding that can be used everywhere. While the chip

has the code, there is no standardized way of using the data and exchanging it with

appropriate systems. There is no clear standard how this data can be used and by who,

how it is stored, retention rules, and backup procedures in case of chip malfunction.

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Research Paper Student: Biljana Spasic

13

Readers are not all the same, neither are frequencies, or any other hardware or

communication details. Industry standards for all components of RFID technology are

not in place to support wide use. Also, there is no blocking mechanism to prevent

unauthorized reading.

There are no industry standards and processes for deactivation of the implanted

chip. One of the issues may be theft by unwilling extraction and there is no technical

process for making the chip unusable by an unintended host.

Because RFID microchips can contain more than a single identification data point,

soon there may be a question of how much data can and should be stored. Also,

implantable chips can become read/write which opens up a new set of issues related to

compatibility of all components, data quality, control of access to data stored in a

microchip and ability to make updates, consistency and completeness of data stored in

associated databases, and general data management such as responsibility for regular

backups and ability to recreate content in case of the need to replace an implant, etc.

Responsibility for correct data capture and consequences of incorrect changes have

not been discussed to the degree that leads to having an industry standard in place

along with regulations for any unintentional wrong changes in data. The data can be

incorrect or corrupt in the chip, or in the databases that store it in the backend. These

data quality issues can be unintentional, due to technology malfunctions, interference

during read or write functions, simple human errors, or any other reason. It is not clear

today who would be the responsible party for the system of record and appropriate

updates to the data in the implant and any associated data repositories.

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Research Paper Student: Biljana Spasic

14

There is not industry standard or a defined approach for handling technology

upgrades and managing backward compatibility with outdated units. Current estimates

are that the existing human implantable microchip has a life of approximately twenty

years. Knowing the speed of changes in high tech industry, once adopted and widely

used this technology and its various components are bound to change at the rapid

pace, and so will other medical devices and medical record systems which may create

an increased need for data exchange with the RFID systems. Since replacement of

implants is not resolved any significant changes in the ability of the implants to store a

particular data set, or new standards, or any other significant advancement in the

associated technologies and systems may require additional RFID implants to stay up

to date.

Even if an implanted RFID becomes the main identification method for patients,

there must be an established alternative method to identify people. Not all medical

institutions will have their electronic health record on the same level of sophistication

and interoperability with systems in other medical facilities. Processes and technology

must be in place to use these alternative identification methods interchangeably. This is

an area where a comprehensive set of international standards for data exchange and

system interoperability would be of great help.

4. Privacy and Security

Privacy and security are big questions and issue that have not been successfully

resolved. Because the RFID readers read tags from a distance and from any angle, not

necessarily in the line of sight, it is possible to intercept the signals. Currently the data is

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Research Paper Student: Biljana Spasic

15

not encrypted, and there is no access control that would put additional control on data

availability. In addition, readers are small and can be placed on various objects. Tags

can be read without awareness of their hosts. RFID tags used in passports can be

blocked from reading by special covers, but there is no solution for an implanted RFID

chip to block unauthorized access; it is open to any reader all the time.

Since the data is not properly protected, those who have RFID implants have no

control or knowledge of the people and systems reading their information. If and when

in the future the implantable RFID chips become read/write and are able to store a mini

health record this issue will become even bigger HIPAA violation. However, the

responsibilities for data, systems, and privacy breaches are not clearly defined in this

area. Until there is an authorization and authentication method embedded into this

technology it will cause privacy and security issues and HIPAA non-compliance.

5. Religious, Social and Political Concerns

Religious groups are finding unfavorable close similarities between implanted

identification and their religious texts, and are openly calling for a boycott of such

devices by their followers and beyond.

Tagging and branding people can easily lead to labeling them in favorable or

unfavorable ways. After that there is an easy way to becoming a victim of discrimination

or different forms of hate crime. For some, mostly hi-tech devotees, RFID is just

another must-have gadget and those that do not have it are pushed out of their inner

circle. On the other end of the spectrum are those that may have a medical condition or

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Research Paper Student: Biljana Spasic

16

any other personal characteristic accessible via the RFID tag that can have devastating

impact on acceptance by their social and professional circles.

Lately there is an increased use of religious and social concerns related to the RFID

implants for political marketing. Some sources indicate and predict that everyone

affected by the new Healthcare Reform will have to have a RFID implant for easier

tracking of provided health services. (18)

6. Ethics

Ethical issues, questions and concerns cover broad spectrum of topics related to the

RFID implants and the implications of their adoption. In my opinion, one of the biggest

ethical issues are broad uses of technology that may have high probability of negative

impacts on health, and that is not ready for a broad adoption. Health risks need to be

evaluated and well understood prior to taking this technology on the market and beyond

experimental use. Technology and data issues need to be resolved first by having well

established industry standards organizations on international level that will support,

enable and sometimes mandate certain standards related to the maturity of technology,

and data behind it including standardized data structures and content, and

interoperability standards.

Another significant ethical issue in my opinion is a potential for mandatory tagging by

the RFID implants. There is a perceived benefit of implanting RFID tags in elderly,

particularly Alzheimer’s and other patients that can easily be disoriented or lost, and in

children particularly those that are at high risk of being abducted. Privacy and basic

human rights demand a written consent for any implants to be placed in someone’s

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Research Paper Student: Biljana Spasic

17

body or removed from it. The elderly and children are especially vulnerable when it

comes to making their own well informed decisions.

In 2007 the American Medical Association (AMA) published their code of ethics

related to the human implantable RFID microchips. “The AMA's report identifies three

specific recommendations: The informed-consent process must include disclosure of

medical uncertainties associated with these devices; physicians should strive to protect

patients' privacy by storing confidential information only on RFID devices utilizing

informational security similar to that required for medical records; and physicians should

support research into the safety and efficacy of RFID devices implanted in human

beings, and examine the role of doctors regarding the nonmedical uses of the

technology.

The recommendations now serve as ethical guidelines for physicians and caregivers,

explains Steven Stack, M.D., a member of the AMA's board of trustees, and are

officially part of the AMA's medical ethics code. While not law, the AMA's code of ethics

has long served as a standard of conduct defining the essentials of honorable physician

behavior.” (17)

In the future there is an expectation that RFID implants will support tracking

functionality. This is not a big difference from other new technology that is being used

on regular bases, such as cellular phones or GPS systems. Many people are not aware

that they can be tracked by their cell phone at all times. In my opinion there is a subtle

yet huge difference between voluntarily carrying a piece of equipment that can be

tracked, or having one implanted and therefore always with a person. Some authors go

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Research Paper Student: Biljana Spasic

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as far as calling this human tracking geo-slavery which indicates not only loss of control

that is passed to someone else and enables new forms of surveillance, but also loss of

privacy and limitation of free movement. (8)

Loss of control over personal data, its availability, accessibility, privacy and

confidentiality directly affects human dignity. This is yet another ethical issue that needs

to be resolved, an umbrella to other mentioned ethical concerns.

7. Legal

The literature provides insights into several legal violations that the RFID technology

and particularly implantable microchips are enabling.

First, the unprotected personal health information is made available within RFID

microchips to the unknown systems and people without any knowledge or consent from

the patient. The data is not encrypted or protected in any other way. This is a clear

violation of the HIPAA regulation.

Additional privacy and security set of issues are related to the ability of implanted

RFID tags to provide tracking capabilities. This is a known problem with other mobile

technologies that enable tracking of the individuals at all times. Any technology,

including RFID that enables human tracking violates the Fourth Amendment. “The

Fourth Amendment provides that: “The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause, supported by Oath or

affirmation, and particularly describing the place to be searched, and the persons or

things to be seized.” U.S. CONST. amend. IV.” There are special cases of tracking that

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Research Paper Student: Biljana Spasic

19

are not violating the Fourth Amendment, such as police tracking someone outside their

homes. (8)

The Federal and State legislators have not yet made clear legislations to regulate

personnel ID cards and other identification devices with tracking capabilities although

these cases or personnel tracking may be considered invasions of privacy. The State

common laws however recognize the invasion of privacy rights and the support bringing

lawsuits for damages against those who violate it. (8)

Identification, branding and tracking enabled by RFID technology represent a form of

so called geo-slavery and violate the Thirteenth Amendment. “The Thirteenth

Amendment was never intended to be limited to ending the enslavement of African-

Americans. In 1911, the United States Supreme Court highlighted the amendment’s

broad breadth when it described the amendment as “a charter of universal civil freedom

for all persons, of whatever race, color or estate, under the flag” that was intended to

abolish both slavery as well as all vestiges, badges, and incidents of slavery. In addition

to outlawing slavery, the Thirteenth Amendment also prohibits involuntary servitude.” (8)

Any mandatory insertion or removal of identification implants would also be in

violation or the Thirteen Amendment. “In addition, mandatory tracking, identification

implants, or attachments on another human being would be subject to court challenge

under the Thirteenth Amendment. Such devices are the technological equivalent, in

many respects, to various slaveholder tools, including branding, utilized to keep African-

Americans from escaping bondage or as punishment for such escapes. Therefore, the

use of such devices to establish geo-fences and even impose corporal punishment

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Research Paper Student: Biljana Spasic

20

would constitute a vestige of slavery. In addition, the imposition of physical injury or

threat of physical injury emanating from a tracking device would be subject to challenge

as a form of involuntary servitude especially if the electronic punishment is aimed at

forcing an individual to continue working.” (8)

Conclusion and Recommendations

I am a strong proponent of the RFID technology in general, but do not see the value

in RFID implants. RFID is good for tracking and additional control of moving goods,

assets, even people to some extent. Because of its ease of use and speed of

processing it has a significant impact on simplifying and streamlining appropriate

processes. For example there is an improvement in speed and accuracy of supply chain

operations, medication tracking, even personal medical information within a hospital

setting. In order to make RFID more prevalent in healthcare this technology needs to be

followed by a strong set of regulations to protect privacy, address health concerns, and

address major legal issues, primarily those related to limitations of basic human privacy

and liberties.

VeryChip as the only manufacturer of human implantable RFID microchips was

facing a number of issues, and since 2004 when their product was approved by FDA

has not managed to make it broadly accepted. They put their human implantable

product on hold. Instead, they moved to other ways of using RFID on patients, and even

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created an integrated system for identification and keeping of medical records for

sailors, an extremely mobile workforce.

The technology has ways of renewing and reinventing itself, and coming back vastly

improved. I believe that this will be the case with RFID. For any broad use of this

technology in healthcare there has to be a strong and standardized foundation in terms

of technology and interoperability, new legislation, and preferably new agency on the

federal level to control implementation and adherence to legal and other regulatory

requirements.

Some authors suggest spending some time and effort in defining what identity and

privacy are. These terms have been used many different ways, and need clearer

definition in order to better regulate new technology.

The new legislation should include provisions for personal choice when it comes to

any devices that may impact privacy, dignity, and basic human rights and liberties.

There has to be a balance though if we want to see the healthcare take advantage of

new technologies, improved processes, and better care. There must be alternative

administrative and other methods for fulfilling functions that the person chooses to forfeit

a new technology for.

Using RFID tags for patients within hospitals can improve care through streamlined

and faster processes and additional built in controls, but personal identification does not

need to be taken out of this setting. The legislation should address the use of RFID as

tracking devices and limit their use for particular purposes and within particular settings.

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

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The new legislation needs to address responsibility for any data loss, misinterpretation,

or any other miscommunication arising from technical issues.

Having removable rather than implanted identification devices would minimize the

use of personal data for purposes other than medical care. Nevertheless, the new

legislation should include the desired and undesired use of identity data, methods for

obtaining this data, and consequences of non compliance. There are a few states,

California is one of them, that banned mandatory implants. Any such regulation needs

to be brought up a level and become federal legislation. All issues concerning privacy,

personal liberties, and health require a federal law and an agency to oversee its

implementation.

This leaves a question of tracking medical providers via RFID in the hospitals and

other places of medical care. Although there are new integrated solutions, such as one

by GE and Cisco, that provide tracking, movement control and availability or patients,

assets and personnel, there were numerous complaints by medical providers that such

control limits their privacy and provides unfair advantages to some. This, I believe is the

internal issue that each healthcare organization needs to address since the issue is

within their premises. Personally I would not like to work in an environment where my

every step is monitored, and others may not agree with it too. It will have to be up to

each organization to decide how best to manage its personnel and continue to improve

care and control costs.

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Research Paper Student: Biljana Spasic

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References:

(1) Author unknown, “An Overview of RFID Technology”, DataFlows Dimensions, INC, Retrieved on Aug 18, 2011 from http://www.dataflows.com/RFID_Overview.shtml

(2) “Six Sentence About RFID For Library”, LibBest, Retrieved on August 18, 2011 from http://www.google.com/imgres?imgurl=http://libbest.com/images/rfid_e01.jpg&imgrefurl=http://libbest.com/rfid.html&h=650&w=1024&sz=174&tbnid=tlpCk5-6tMPesM:&tbnh=95&tbnw=150&prev=/images%3Fq%3D&hl=en&usg=__x66MHN25qd7RPCijiQmubZaR4oM=&sa=X&ei=66xKToXLDtTWiAKh1f23Bw&ved=0CF4QnwkwAw

(3) “RFID Technology”, 12 Manage The Executive Fast Track, Retrieved on August 18, 2011

from http://www.12manage.com/methods_rfid_technology.html

(4) “The Cisco Location-Aware Healthcare Solution”, Cisco, Retrieved on August 18, 2011 from http://www.cisco.com/web/strategy/docs/healthcare/CLA_HealthcareSolution.pdf

(5) GE Healthcare And CISCO to Offer Hospitals a New Mobility Technology Platform for Improved Patient Flow and Asset Management “, GE Healthcare, Retrieved on August 18, 2011 from http://agiletrac.gehealthcare.com/enterprise/ge-healthcare-and-cisco-to-offer-hospitals-a-new-mobility-technology-platform-for-improved-patient-f.php

(6) Beth Bacheldor, “InfoLogix Regenerates SurgiChip”, Health Care News, March 5, 2008, Retrieved on August 18, 2011 from http://www.rfidjournal.com/article/view/3955/

(7) Author unknown, “How RFID Can Add Value in Healthcare and Pharmaceutical Tracking and Tracing”, Avery Dennison, Retrieved on August 18, 2011 from http://www.rfid.averydennison.com/online-press-kit/white-papers/RFID-Healthcare-Pharma.pdf

(8) William A. Herbert, “No Direction Home: Will The Law Keep Pace With Human Tracking Technology to Protect Individual Privacy and Stop Geoslavery?”, A JOURNAL OF LAW AND POLICY, Retrieved on August 18, 2011 from http://lawprofessors.typepad.com/laborprof_blog/files/HerbertISArticle.pdf

(9) Leah Altaras, “Follow that Car! Legal issues arising from installation of tracking devices in leased consumer goods and equipment, 3”, Shidler J. L. Com. & Tech. 8 , Feb. 14, 2007, Retrieved on August 18, 2011 from http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/392/vol3_no3_art8.pdf?sequence=1

(10) D. Zachary Hostetter, “When Small Technology is a Big Deal: Legal Issues Arising From Business Use of RFID, 2”, Shidler J. L. Com. & Tech. 10, Dec. 16, 2005, Retrieved on August 18, 2011 from http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/374/vol2_no3_art10.pdf?sequence=1

(11) Radio ID Tags for US Drugs (RFID), MedicineNet.com, Retrieved on August 18, 2011 from http://www.medicinenet.com/script/main/art.asp?articlekey=40579&page=2

(12) Mark Roberti, “Doctors Weigh In on Human RFID Implants”, RFID Journal, 07/03/2007, Retrieved on August 18, 2011 from http://www.rfidjournal.com/blog/entry/3455

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MED INF 407: Karin J. Lindgren, Esq. Legal, Ethical & Social Issues in Medical Informatics Northwestern University

Research Paper Student: Biljana Spasic

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(13) Molly Merrill, “Future hazy for implantable medical records”, Healthcare IT News, June 30, 2009, Retrieved on August 18, 2011 from http://www.healthcareitnews.com/news/future-hazy-implantable-medical-records

(14) “Information Security: Radio Frequency Identification Technology in Federal Government”, U.S. GOVERNMENT ACCOUNTABILITY OFFICE (GAO), GAO-05-551, May 2005, Retrieved on August 18, 2011 from http://gao.gov/new.items/d05551.pdf

(15) Donna-Bea Tillman, FDA Letter, Department of Health & Human Services, Oct 12 2004 Retrieved on August 18, 2001 from http://www.spychips.com/devices/verichip-fda-letter.pdf

(16) “VeriChip RFID”, Truth Exposed, modified on 13 November 2009 Retrieved on August 18, 2001 from http://www.truthexposed.com/index.php?title=VeriChip_RFID

(17) Beth Bacheldor, “AMA Issues Ethics Code for RFID Chip Implants”, RFID Journal, July 17, 2007, Retrieved on August 18, 2011 from http://www.rfidjournal.com/article/view/3487/1

(18) Timothy Baldwin, “National Healthcare Will Require National RFID Chips”, New American, 25 March 2010, Retrieved on August 18, 2011 from http://thenewamerican.com/usnews/politics/3193-national-healthcare-will-require-national-rfid-chips