In the e-health sector, ICT standards are obviously important since ICT solutions for healthcare are heavily data and information driven and having seamless access to such information is a foundational matter.
That said, I am concerned about the process of standards development in this sector. There is a real danger that the government might step in unquestioned and prematurely pick winning technologies (and in the process, losers) since the government’s role in e-health is not challenged as much as in other sectors. There are important reasons for government regulators to be actively engaged in issues such as the management of private patient information including the setting of minimum criteria for privacy of healthcare records in order to cultivate patient trust. Nevertheless, the ICT private sectors who are the domain specialists in this arena, must be allowed to work together to jointly develop standards within private standards-setting organizations.
In this respect, competition among private firms that develop downstream, innovative, proprietary technologies relying upon basic ICT standards should be fostered.
A small comparative note between the U.S. and Europe is also relevant. Just as the Federal Communications Commission (FCC) in the U.S. is much more focused on spectrum management and setting power ratings to avoid interference and, unlike Europe, less concerned about mandating interoperability, instead preferring to leave different industry solutions and standards to compete with each other—the same philosophical and regulatory differences in approach will manifest itself in e-health too.
That brings up the issues of international compatibility (e.g. document sharing) and patient mobility in a “medical tourism” world. But that is for another day.
Biography Jay Kesan
Jay P. Kesan is Professor & Mildred Van Voorhis Jones Faculty Scholar and Director of the Program in Intellectual Property & Technology Law at the University of Illinois. He clerked for Judge Patrick Higginbotham in the Fifth Circuit Court of Appeals, and he worked as a patent attorney in the former firm of Pennie & Edmonds LLP. He continues to be active in the area of patent litigation and he has served as a Special Master in patent lawsuits. An author of several books and articles in the area of intellectual property, his academic interests and writings are in the area of patent law, cyberlaw, entrepreneurship, and law and technology. He is a registered patent attorney and received his J.D. summa cum laude from Georgetown University. He also has a Ph.D. in Electrical and Computer Engineering from the University of Texas at Austin and worked for several years as a research scientist at the IBM T.J. Watson Research Center in New York. For a more complete bio, please see www.jaykesan.com.
