Ethical and legal questions

The legal and ethical questions refer to elements, principles, behaviors, and considerations that relate to both legal requirements and ethical standards.


This category encompasses aspects related to ensuring that actions and decisions align with the law, such as enabling safety, security, privacy, and with morally acceptable conduct.

Ethical


Technologies with higher maturity levels (near level 9) usually do not need ethical approvals since they have already been through a research phase in which ethical aspects have been tested. However, if necessary, establish ethical guidelines for the use of technology with your employees and seek care-related ethical expertise in case of uncertainties. Pay attention to transparency, information, and adherence to agreed-upon ethical values, especially when new employees are being integrated and regularly assess whether new ethical questions have arisen (Würdig et al., 2022). Ethical rules might be country-specific. Therefore, we recommend checking the ethical guidelines and standards of your country. Depending on the technical solution you want to implement you may also involve the following councils such as the Residents' Council or the Bioethics Commission of your country.
These practical questions might support in adhering to ethical standards:

  1. What ethical issues may arise from the use of technology in your LCT facility?
  2. What approaches could you develop to address these issues?
  3. Does the use of technology hinder or support social participation, the right to self-determination, and the privacy of your clients?
  4. Is the dignity and health of your clients preserved through the use of technology?
  5. Does the use of technology harm the reputation of your LCT facility?
  6. Does the deployment of technology contradict the guiding principles of your establishment?
  7. Which stakeholders need to be informed about and involved in the implementation of technology? Think beyond your clients, for example, consider relatives, caregivers, employee representatives, nursing home authorities, health departments, health insurance companies, medical practices, political committees, etc.

Legal


Adherence to data protection rules is also important throughout the whole digital transformation, encompassing the implementation and testing phases of a new technology within your LCT facility. Ensure strict compliance with both internal organizational and national data protection rules and, on a broader scale, adhere to EU data protection requirements. More information on data protection in the EU can be found here: Data protection EU.
Here are some questions that can help you look at legal requirements:

  1. Does the pilot action follow data protection rules? How to adhere to data privacy rules?
  2. Which consents are needed?
  3. How will the contracting between LTC & vendor be organized?
  4. How to optimize surveillance?
  5. How is data flow managed?