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The digitalised medical and health records of citizens are stored in the Electronic Health Records (EHR) of hospitals or clinics, and Personal Healthcare Records (PHR). The quality of medical care is improved when physicians can access the past records of patients. A user-friendly service that enables individual citizens to share their health and medical records in PHR with their physicians is essential to achieve this. In order to encourage patients and physicians to share medical records utilising PHR, while avoiding conflict with the recent trend demanding that citizens have autonomous control of their own personal information, governments have to develop legal measures to encourage individual citizens to take the initiative to record their medical and health data in their PHR and to give their physicians access to it. The author proposes mathematical schemes that can be implemented in the legal incentives deemed suitable for such encouragement.
While the previous Chapter explores the origins of cryptography and explains the functional features of Blockchain, this Chapter provides a robust discussion of the various legal challenges and arguments surrounding this novel technology. While self-regulating markets have some desirable aspects, the anonymous or pseudonymous feature of cryptocurrency has its drawbacks which can lead to more fraud and corruption if left completely unchecked. Primarily, this Chapter focuses on administrative law implications and addresses the question of who could (and should) regulate cryptocurrency markets. The answer depends on how digital assets are classified. For example, if the digital asset is labelled a security, it will fall under the regulatory authority of the SEC but will be limited by the Supreme Court’s decision in SEC v. Howey. Further, this Chapter analyzes the constitutional implications of cryptocurrency–do people have a constitutional right to privacy when making financial transactions? This Chapter discusses the various constitutional rights that may be implicated and the arguments that may be used in future litigation.
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