Emails and death: Legal issues surrounding post-mortem transmission of emails.

The paper is a first thorough examination of what happens to one's emails on death. The paper demonstrates that some content of emails can be protected by copyright and transmitted on death accordingly. The paper then analyzes the contractual provisions of the main email providers, Google and Microsoft, in order to determine how these contracts, regulate the transmission of emails on death. The author finds that these provisions complicate the issues of property and transmission of digital assets and do not offer a meaningful control over the assets for their users. The paper adopts a novel focus introduced in the author's earlier research, the idea of post-mortem privacy that is the right to privacy after death. This concept serves as an argument against the default transmission of emails on death without the deceased's consent, whether through the laws of intestacy or by requiring the service providers to provide access to the deceased's emails. Finally, the paper canvasses a solution which combines law and technology. It is argued that much more control should be placed in the hands of emails users. Post-mortem privacy, a potentially contested phenomenon, only accentuates the need to better account for the interests of the deceased, having in mind the volume of personal data and personal nature of emails. Therefore, an in-service solution is promoted, backed up by policy and legislation.

What's that, you say? Employee expectations of privacy when using employer-provided technology--and how employers can defeat them.

Two 2010 court cases that determined the effectiveness of policies governing employees' use of employer-provided communication devices can be used to guide employers when constructing their own technology policies. In light of a policy that stated that "users should have no expectation of privacy or confidentiality," one case established that the employer was in the right. However, a separate case favored the employee due, in part, to an "unclear and ambiguous" policy. Ultimately, employers can restrict the use of employer-furnished technology by employees by: 1) clearly outlining that employees do not have a reasonable expectation of privacy in their use of company devices; 2) stating that any use of personal e-mail accounts using employer-provided technology will be subject to the policy; 3) detailing all technology used to monitor employees; 4) identifying company devices covered; 5) not exposing the content of employee communications; and 6) having employees sign and acknowledge the policy.

Widespread adoption of information technology in primary care physician offices in Denmark: a case study.

Denmark is one of the world's leading countries in the use of health care technology. Virtually all primary care physicians have electronic medical records with full clinical functionality. Their systems are also connected to a national network, which allows them to electronically send and receive clinical data to and from consultant specialists, hospitals, pharmacies, and other health care providers. Under the auspices of a nonprofit organization called MedCom, over 5 million clinical messages are transferred monthly. One of the most important innovations has been the "one-letter solution," which allows one electronic form to be used for all types of letters to and from primary care physicians; it is used in over 5,000 health institutions with 50 different technology vendor systems.

2009 electronic claim requirements for Minnesota dentists.

This article explains Minnesota Statute 62J.536, which is a new law requiring all health care providers and payers doing business in Minnesota to use electronic formats for billing, eligibility, and remittance advice. The focus of this article is on dentists and what they must do to be in compliance.

An analysis of the utilization of e-mail by physicians and patients: defining benefits, addressing concerns and forecasting implications on the doctor-patient relationship.

Though e-mail is ubiquitous in everyday life, it has not been the preferred mode of communication between physicians and patients. Several factors, including privacy and security, reimbursement and legal concerns, have been seen as barriers toward increased utilization. This article examines effect of e-mail on the doctor-patient relationship. It also addresses concerns expressed by providers and patients, and explores technology- and policy-based solutions to many of these issues.

Legislative barriers to outpatient e-prescribing in a randomized trial.

Newer outpatient electronic prescribing software programs produce typewritten paper prescriptions with electronically created signatures. Current Canadian federal legislation forbids static (unchanging) signature images on prescriptions. We conducted a randomized trial of electronic prescribing in outpatients at a university-affiliated hospital. The application was a wireless Palm-based system that creates a prescription that is either printed and given to the patient or faxed to a pharmacy. Using the software, the physician creates a unique signature image for each prescription. We successfully overcame challenges related to wireless network reliability, local printer availability and physician training. However, to comply with federal legislation and provincial regulations, we were required to design workarounds to create acceptable prescribing processes. Our experience suggests that the legality of the electronic signature must be clearly defined to realize the full potential of standalone outpatient electronic prescribing systems and fully integrated hospital-wide electronic medical records.

Use or abuse of computers in the workplace.

Is your computer system about to become your next liability by the misuse of computers in the workplace? "E-discovery" reveals evidence of harassment, discrimination, defamation, and more. Yet employees also sue when the employer improperly intercepts electronic messages the employees claim were "private." Employers need to be aware of the issues of use, misuse, and rights to properly monitor and control the electronic system. Learn the current issues, legal trends, and practical pointers for your electronic operations.