Selling Health Data: De-Identification, Privacy, and Speech

Cambridge Quarterly of Healthcare Ethics, 24(3):256-271, 2015

Yale University Institute for Social and Policy Studies Working Paper No. ISPS 14-024

32 Pages Posted: 15 Oct 2014 Last revised: 10 Jan 2018

See all articles by Bonnie Kaplan

Bonnie Kaplan

Yale University; Yale University - Yale Information Society Project; Yale University - Center for Medical Informatics; Yale Interdisciplinary Center for Bioethics; Yale Law School

Date Written: July 1, 2014

Abstract

Two court cases that involve selling prescription data for pharmaceutical marketing affect biomedical informatics, patient and clinician privacy, and regulation. Sorrell v. IMS Health, Inc. et al. in the US and R v. Department of Health, Ex Parte Source Informatics Ltd in the UK concern privacy and health data protection, data de-identification and re-identification, drug detailing (marketing), commercial benefit from required disclosure of personal information, clinician privacy and duty of confidentiality, beneficial and unsavory uses of health data, regulating health technologies, and considering data as speech. Individuals should, at the very least, be aware of how data about them is collected and used. Taking account of how that data is used is needed so societal norms and law evolve ethically as new technologies affect health data privacy and protection.

Keywords: Confidentiality, Health Data Privacy, Ethics, Health Records, Secondary Use, Big Data, Data Mining, Pharmaceutical Marketing, Health Data Sale, De-Identification, HIPAA, EU Data Protection Directive, Sorrell v. IMS Health, Inc., R v. Department of Health, Ex Parte Source Informatics Ltd.

Suggested Citation

Kaplan, Bonnie, Selling Health Data: De-Identification, Privacy, and Speech (July 1, 2014). Cambridge Quarterly of Healthcare Ethics, 24(3):256-271, 2015, Yale University Institute for Social and Policy Studies Working Paper No. ISPS 14-024, Available at SSRN: https://ssrn.com/abstract=2509985

Bonnie Kaplan (Contact Author)

Yale University ( email )

New Haven, CT 06520
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Yale University - Center for Medical Informatics ( email )

300 George Street, Suite 501
New Haven, CT
United States

Yale Interdisciplinary Center for Bioethics ( email )

238 Prospect Street
New Haven, CT 06515
United States

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States

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