|
KMID : 1011120170110010083
|
|
Bioethics Policy Studies
2017 Volume.11 No. 1 p.83 ~ p.103
|
|
|
The Grey Digital Divide and the Right to be Forgotten: An Inter-American Approach
|
|
Villareal Mariateresa Garrido
|
|
|
Abstract
|
|
|
|
To exercise several human rights, old persons must know about the existence of records containing personal information, who keeps them, for which purpose, and in which format. However, this is not always the case. Hence, how can states guarantee the right to be forgotten in the health care system when people do not understand how digital archives work? To answer this question it is necessary to review what informed consent implies in the digital era. In this paper, I present the Inter-American approach to this issue. The Inter-American Convention on Protecting the Human Rights of Older Persons (IACPOP) entered into force in January 11, 2017, and among others, it promotes the rights to health and freedom of expression of the elderly. It establishes in articles 11 and 19 that states parties must obtain access to appropriated health-related information as a mechanism to ensure that older people provide informed consent in any type of medical procedure. However, because it does not contain an express reference to the right to be forgotten, in the article I also review the Inter-American Convention of Human Rights, and the principles developed by the inter-American system regarding the right to access information and the right be forgotten. After the explanation of the effects of the digital divide among the elderly in Latin America and the analysis of the scope of protection granted by the informed consent, I discuss how older people can initiate habeas data procedure to exercise their right.
|
|
|
KEYWORD
|
|
|
Older People, Right to be Forgotten, Access to Information, Health-related Information, Inter-American System
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|
|