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Page 1 of 257

  • Part III - Beyond Autonomy: Turning to the Community to Protect the Individual
  • Edited by David G. Kirchhoffer, Bernadette J. Richards, University of Adelaide
  • Book: Beyond Autonomy
  • Print publication: 03 October 2019, pp 151-199
  • View extract

    Summary

    The suggestion to use medical information for the purposes of health service research is not new. But the British government’s latest attempt was particularly ham-fisted. ‘Care.data’ was an initiative that sought to ‘bring together health and social care information from different healthcare settings, such as GP practices, hospitals and care homes, in order to see what’s working really well in the NHS – and what we could [improve]’.1 Rather than using information without consent, the idea was to have an opt-out rather than opt-in system. In many ways, it was a laudable goal. However, the programme had to be scrapped following a critical report by Dame Fiona Caldicott.2 Caldicott did not find fault with the scheme’s philosophy, noting that information sharing was vital to create an efficient healthcare system and to support research, but she did find that the opt-out system needed to be strengthened and that, crucially, the public had yet to be convinced of the case for data sharing.

  • 1 - Autonomy and the Law
    • from Part I - Exploring Problems of Respect for Autonomy in Bioethics, Law and Society
  • Edited by David G. Kirchhoffer, Bernadette J. Richards, University of Adelaide
  • Book: Beyond Autonomy
  • Print publication: 03 October 2019, pp 17-32
  • View extract

    Summary

    This book represents a broad conversation addressing the nature and potential limitations of autonomy, as well as some approaches to overcoming those limitations. Such a conversation is incomplete without an exploration of autonomy at law, and any discussion of autonomy at law must grow from a consideration of judicial conceptions of autonomy and where these fit within the broader philosophical narrative. Autonomy at law is broadly interpreted and hard to characterise and this raises the question as to whether it is clearly understood at law.

Page 1 of 257