Minnesota Journal of Law, Science & Technology
This paper highlights the costs and benefits associated with the gathering, storing, analyzing, and digitizing of health information; examines current privacy laws and their inadequacies in the new and constantly changing digital health world; and then provides a proposal framework to balance encouraging innovation while protecting individual autonomy. The article specifically proceeds as follows. This paper first discusses of the evolution of the health industry, from paper records to the wide array of sources generating health information today. Next, it considers the benefits to the ever-increasing amount of health information, which, while considerable can often be in tension with privacy and autonomy interests. It then examines the current privacy models applicable to the various sources of health information, and highlight the types of information left unprotected, as well as the ways in which individuals lack control over their health information. Finally, this paper introduces a framework that is flexible enough to adapt to different societal interests but maintains the integrity of the health system by ensuring that the individual’s interests remain the priority. Such a framework will allow individuals to be in control of their health information in a way that protects their individual interests and allows them to contribute to societal growth.
University of Minnesota Law School
The Health Care Industry is Ready for a Revolution: Its Privacy Laws are Not,
Minn. J.L. Sci. & Tech.
Available at: https://scholarship.law.tamu.edu/student-scholarship/41