The healthcare sector of India is heading towards a
big growth trajectory. Reports from many research organisations have
shown that if India takes care of some health related aspects, then
India can be greatly benefitted by this healthcare revolution. The
corporate environment of India is also changing
this is a good sign for healthcare industry of India.
Regulatory environment of India needs to be
streamlined to make this revolution a reality. Presently, the
m-health
related legal violations in India are on rise as the
m-health entrepreneurs in India are violating
Indian laws while conducting their businesses.
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.
