Bridging the Accountability Gap: Rights for New Entities in the Information Society?

Technological developments in the information society bring new challenges, both to the applicability and to the enforceability of the law. One major challenge is posed by new entities such as pseudonyms, avatars, and software agents that operate at an increasing distance from the physical persons "behind" them (the "principal"). In case of accidents or misbehavior, current laws require that the physical or legal principal behind the entity be found so that she can be held to account. This may be problematic if the linkability of the principal and the operating entity is questionable. In light of the ongoing developments in electronic agents, there is sufficient reason to conduct a review of the literature in order to more closely examine arguments for and against legal personhood for some nonhuman acting entities. This article also includes a discussion of alternative approaches to solving the "accountability gap.

La traçabilité, une technique de stigmatisation? Retour sur la problématisation de l'"hawala" dans le contexte antiterroriste

La surveillance financière contemporaine est toute entière associée à la volonté de tirer avantage des technologies de l'information et de la communication dans le but d'identifier et de suivre les flux de capitaux au nom de la lutte contre le blanchiment d'argent et le financement du terrorisme. Légitimées pour éviter tout blocage abrupt des mobilités, les techniques destinées à financer ces flux tendent à cadrer la circulation financière. Leur mise en place crée des obligations pour de nombreux acteurs économiques érigés en filtres protecteurs de l'architecture financière internationale. L'importance de cette logique de traçabilité a été amplifiée au lendemain des attentats du 11 septembre 2001, avec une stigmatisation accrue de tout ce qui n'est pas "traçable". L'objectif de cet article est précisément d'éclairer cette articulation entre promotion de la traçabilité et effets de stigmatisation dans un contexte bien précis de "panique morale" et de mise en priorité des problématiques antiterroristes. Le traitement réservé aux systèmes informels de transfert d'argent, souvent regroupés de manière abusive sous le terme <i>hawala</i>, en est l'exemple frappant

Medical record search engines, using pseudonymised patient identity: an alternative to centralised medical records

Purpose The purpose of our multidisciplinary study was to define a pragmatic and secure alternative to the creation of a national centralised medical record which could gather together the different parts of the medical record of a patient scattered in the different hospitals where he was hospitalised without any risk of breaching confidentiality. Methods We first analyse the reasons for the failure and the dangers of centralisation (i.e. difficulty to define a European patients' identifier, to reach a common standard for the contents of the medical record, for data protection) and then propose an alternative that uses the existing available data on the basis that setting up a safe though imperfect system could be better than continuing a quest for a mythical perfect information system that we have still not found after a search that has lasted two decades. Results We describe the functioning of Medical Record Search Engines (MRSEs), using pseudonymisation of patients' identity. The MRSE will be able to retrieve and to provide upon an MD's request all the available information concerning a patient who has been hospitalised in different hospitals without ever having access to the patient's identity. The drawback of this system is that the medical practitioner then has to read all of the information and to create his own synthesis and eventually to reject extra data. Conclusions Faced with the difficulties and the risks of setting up a centralised medical record system, a system that gathers all of the available information concerning a patient could be of great interest. This low-cost pragmatic alternative which could be developed quickly should be taken into consideration by health authorities

A Typology of Identity-Related Crime

Identification is ever more important in the online world, and identity-related crime is a growing problem related to this. This new category of crime is not restricted to high-profile instances of identity 'theft' or identity fraud; it is wide-ranging and complex, ranging from identity deletion to unlawful identity creation and identity 'theft'. Commonly accepted definitions are lacking, thus blurring available statistics, and policies to combat this new crime are piecemeal at best. To assess the real nature and magnitude of identity-related crime, and to be able to discuss how it can be combated, identity-related crime should be understood in all its aspects. As a first key step, this article introduces a typology of identity-related crime, consisting of conceptual, technical and legal categories, that can be used as a comprehensive framework for future research, countermeasures and policies related to identity related crime

The Mixed Management of Patients' Medical Records: Responsibility Sharing Between the Patient and the Physician

Through this article, we propose a mixed management of patients' medical records, so as to share responsibilities between the patient and the Medical Practitioner by making Patients responsible for the validation of their administrative information, and MPs responsible for the validation of their Patients' medical information. Our proposal can be considered a solution to the main problem faced by patients, health practitioners and the authorities, namely the gathering and updating of administrative and medical data belonging to the patient in order to accurately reconstitute a patient's medical history. This method is based on two processes. The aim of the first process is to provide a patient's administrative data, in order to know where and when the patient received care (name of the health structure or health practitioner, type of care: out patient or inpatient). The aim of the second process is to provide a patient's medical information and to validate it under the accountability of the Medical Practitioner with the help of the patient if needed. During these two processes, the patient's privacy will be ensured through cryptographic hash functions like the Secure Hash Algorithm, which allows pseudonymisation of a patient's identity. The proposed Medical Record Search Engines will be able to retrieve and to provide upon a request formulated by the Medical ractitioner all the available information concerning a patient who has received care in different health structures without divulging the patient's identity. Our method can lead to improved efficiency of personal medical record management under the mixed responsibilities of the patient and the MP

Centralised versus Decentralised Management of Patients's Medical Records

For more than 20 years, many countries have been trying to set up a standardised medical record at the regional or at the national level. Most of them have not reached this goal, essentially due to two main difficulties related to patient identification and medical records standardisation. Moreover, the issues raised by the centralisation of all gathered medical data have to be tackled particularly in terms of security and privacy. We discuss here the interest of a noncentralised management of medical records which would require a specific procedure that gives to the patient access to his/her distributed medical data, wherever he/she is located