Question: Please help write the answer based on the criteria within 1200words and please provide references and image The Digital Health Act 2024 (DHA) was recently

Please help write the answer based on the criteria within 1200words and please provide references and image

Please help write the answer based on the criteria within 1200words and

The Digital Health Act 2024 (DHA) was recently enacted to regulate the collection, storage, and use of personal health data by digital health platforms. Section 5 of the DHA states: "No digital health platform shall collect or store personal health data without the explicit consent of the individual, except in cases of medical emergency or where required by law." Section 15 of the DHA further provides: "Violations of this Act may result in penalties, including fines or imprisonment, depending on the severity of the breach.\" A digital health company, MedData Solutions, has been accused of collecting and storing personal health data without explicit consent from users. The company argues that their actions were justified under the "medical emergency\" exception in Section 5, as the data was collected during the COVID- 19 pandemic to provide essential health services. However, the plaintiffs argue that the term "medical emergency" does not apply to the general context of a pandemic but is limited to individual, immediate health crises. The case has reached the High Court, where the judge must interpret the terms "medical emergency"\" and "required by law" in the context of the DHA. Additionally, the judge must determine the appropriate penalty under Section 15 if a violation is found. QUESTION: As the presiding judge, how would you approach the interpretation of the terms "medical emergency\" and "required by law" in the Digital Health Act 2024? Discuss the common law tools of statutory interpretation you would apply, including but not limited to the literal rule, the golden rule, and the mischief rule. How would you balance these interpretations to reach a fair and just decision? Furthermore, explain how you would decide on the appropriate penalty if MedData Solutions is found to have violated the Act

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Law Questions!