ISPS Working Paper

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

Author
  • Bonnie Kaplan
Published
October 7, 2014
Publication
ISPS working paper
Discipline
Areas of Study
Document Control Number(s)
  • ISPS 14-024
Citation

Bonnie Kaplan (2014), Selling Health Data: De-Identification, Privacy, and Speech, ISPS Working Paper (Bioethics), ISPS14-024.

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 deidentification 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.