Digitizing and Providing Access to Privacy-Sensitive Historical Medical Resources: A Legal and Ethical Overview

Abstract

Owing to their unique and rare nature, special collections materials within medical and health sciences libraries are ideal candidates for digitization. Digital conversion projects provide librarians with the means to preserve materials and provide greater collection access. Special privacy considerations arise, however, when digitizing medical archives which may contain sensitive information subject to the Health Insurance Portability and Accountability Act (HIPAA) and other privacy legislation. Through an analysis of legal, archival, and library literature, the authors highlight privacy and ethical concerns, pinpoint privacy issues inherent within various formats, and provide solutions for digitizing privacy-sensitive historical medical resources.

KEYWORDS:

• digital collections
• digitization
• Health Insurance Portability and Accountability Act
• HIPAA
• medical archives
• privacy
• privacy legislation
• special collections

Acknowledgments

The authors would like to acknowledge Kristin Rodgers, MLIS, Mary M. Manning, MA, MLIS, and the OSU Medical Heritage Center History Writing Workshop participants for their editorial assistance and Eric Conrad, PhD, for his aid in formatting the article's flowchart diagram.

Additional information

Notes on contributors

Anne T. Gilliland

Anne Gilliland, JD, MLIS ([email protected]) is Head, Health Sciences Copyright Management Office, The Ohio State University Health Sciences Library and Center for Knowledge Management, 376 West 10th Avenue, Columbus, OH 43210.

Judith A. Wiener

Judith A. Wiener, MA, MLIS ([email protected]) is Assistant Professor and Assistant Director for Collections and Outreach, The Ohio State University Health Sciences Library and Center for Knowledge Management, 376 West 10th Avenue, Columbus, OH 43210.