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  Use Health Vault, Lose Your Rights
Health-IT Failures Posted by Ignacio H. Valdes, MD, MS on Thursday October 04, 2007 @ 01:07 PM
from the Health-IT Failures dept.
Microsoft has announced (NY Times Article) Health Vault. What should have followed here is a review of the service by my actually trying it. I was in the process of registering when I began reading the Terms of Service and Privacy Policy and I had to stop right there with my review when I read it. In addition to the contract being lengthy, it specifically states: "In using the Service, you may not:

* use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Microsoft parties"), or any customer of a Microsoft party;"

I presume that would also include a negative review of the software so I did not accept the terms. It further goes on to say: "We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement...In order to provide you the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine." Digg this article

Heard enough? So had I. I'm absolutely going to pass on Health Vault. In addition to looking like the Microsoft Passport debacle redux, this is a very one-sided contract. They can harm you but you cannot harm them. There is no way for any 3rd party to verify that their privacy and security software works.

I did not accept their terms of service and neither should you. Especially when LGPL'ed alternatives such as Indivo Health that have been around for years exists.

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  • The Fine Print: The following comments are owned by whoever posted them.
    ( Reply )

    Over 10 comments listed. Printing out index only.
    Re: Use Health Vault, Lose Your Rights
    by Alex on Friday October 05, 2007 @ 07:44 AM
    I agree with your reasoning but there are the obvious counter positions such as criticism is what enables them to improve and therefore any faults or opinion of failures you report help them improve before word of mouth ruins their reputation?
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by Sean Lynch on Friday October 05, 2007 @ 08:29 AM
    If Microsoft is reserving the right to analyze data on your machine, this prodcut may not be HIPPA compliant. I believe any health practitioner, health care provider, insurance industry user, or anyone covered under HIPPA would have to get documentation from Microsoft stating that no HIPPA covered data would be used for analysis.
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by Jeroen Hellingman on Friday October 05, 2007 @ 08:35 AM
    Under a sane legal system, a review of a product offered to the public should receive special protection, and any system that tries to obstruct independent reviews should be kept off the market. Does this product have FDA approval. Did MS ever go through a 510(k) approval? Do they need such things for HealthVault?
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by Violet on Friday October 05, 2007 @ 09:52 AM
    Can't you use software but ignore copyrights under fair use for purposes of review?
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by dedichi on Friday October 05, 2007 @ 11:06 AM
    All you're saying is that you're full of inferiority complex from head to toe and a moron. Who find nothing worthwhile in life other then chanting crap.
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by Ignacio H. Valdes, MD, MS on Monday October 08, 2007 @ 12:13 PM
    I for one welcome our new Personal Health Record, monopolistic, Terms of Service contract wielding overlords. -- IV
    [ Reply to this ]
    Re: Use Health Vault, Lose Your Rights
    by LegalEagle on Wednesday January 23, 2008 @ 06:58 PM
    Also, you need to be alert to the fact this site, like any Windows Live ID (passported) site is subject to legal court orders for information. Anything in there is discoverable. (like your blood work).
    [ Reply to this ]
    The Fine Print: The following comments are owned by whoever posted them.
    ( Reply )


     
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