Mobile handsets are increasingly being used to delivery numerous services in India. From mobile banking to online ticket reservations, everything can be managed from mobiles these days. The health sector is also utilised mobile technology to expand its services to areas that are not available through traditional medical science methods.
Mobile health or m-health is a contemporary concept in India. It has tremendous reach and it can reach even to the remotest areas of India where the traditional medical facilities cannot be provided.
However, along with increasing use of m-health in India its use must be suitably regulated by Indian government. Although we have no dedicated m-health laws in India yet m-health is presently regulated through legal provisions that can be found in different legislations.
According to New Delhi based ICT law firm Perry4Law, m-health legal requirements are not duly complied with by the m-health service providers of India. Legal compliances for privacy, data protection, data security, cyber security, cloud computing compliances, etc are still not adhered to by a dominant majority of m-health service providers in India, says Perry4Law.
This would make these m-health service providers liable to multiple legal proceedings and cases. M-health service providers are internet intermediary within the meaning of Intermediary guidelines as prescribed by Indian government. They are also required to follow cyber law due diligence so that civil and criminal provisions under the information technology act 2000 cannot be invoked against them.
Judged by these legal standards, it is obvious that the m-health service providers in India and not complying with legal requirements at any stage and of any level. This would make them vulnerable to a host of legal actions when Indian government would become aware of these illegalities and irregularities.