Africa’s eHealth legal and regulatory framework is behind global trends, as eHNA has reported. More insights are provided in Chapter 6 of the WHO Global Observatory for eHealth (GOe) publication eHealth Report of the third global survey on eHealth Global diffusion of eHealth: Making universal health coverage achievable. The report's data source is the WHO Global Survey 2015.
Key findings include:
- Slow but steady development of general eHealth regulation, with 33% of countries with specific policies or legislation to define medical jurisdiction, liability or reimbursement of eHealth services
- About 47% have legislation to promote safety, quality and standards of health related data
- About 78% have health data privacy legislation and 55% have legislation to protect the privacy of electronically patient data. They’re up from 73% and 31% since 2010, so a big step up for eHealth data laws.
The survey focused on EHRs, which are dealt with in detail in Chapter 5. They are seen as the basis of eHealth systems, so a good indicator of general eHealth regulatory framework maturity. Consequently, countries that don’t have EHRs aren’t covered.
Africa’s overall position’s about half the global average. Catching up is not easy, Much of the current eHealth regulation’s generic, such as data protection laws and telecommunications regulation. It takes time to find a slot in countries' legislative programmes. eHNA posted that Angola took some five years to complete its data protection laws. This’s a typical timescale that other countries have said is needed to move eHealth regulation on.
The challenge is exacerbated because eHealth regulation extends well beyond EHRs. Examples are data transfer and communication using mHealth services and new regulatory aspects such as eHealth governance and cyber-security. African countries will be unable to set up comprehensive regulations for all eHealth settings in the medium term, so setting eHealth regulation priorities is crucial.
From these, eHealth laws and regulations are needed alongside finance and resources for a regulatory body and compliance reviews. These have to compete with finance and resources for expanding eHealth services and emerging demands such as cyber-security and human capacity building. An important question for Africa’s how much eHealth regulation’s needed?
Image from the WHO report