Health Information Privacy & Data Security (LAW-719F-001)
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The law of information privacy and data security is growing at enormous rates around the world. Virtually every industry is impacted. Nowhere is the set of legal and business challenges more complicated and important than in the health care industry. This course will review the core elements of the emerging law of information privacy and security, through the lens of the health care industry. We will review not only the law but also the core policy issues affecting health care businesses as well as the key strategic issues for businesses that use or share health related data. We also will explore emerging areas for privacy and information security, including new enforcement principles, issues related to security breaches and breach notification, and the emergence of "non-HIPAA" data as a new challenge to the privacy and data security regulatory structure. The goal for the class is to understand the key principles of the developing law in this area, but also to teach what a lawyer actually does on these issues and the need to combine legal knowledge with practical analysis and an understanding of business implications.
Textbooks and Other Materials
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The course reading will consist of statutes, regulations and case law, along with federal and state agency guidance and materials, as well as articles and other materials. Some materials will be publicly-available on-line or through resources available to students (e.g., LexisNexis/Westlaw). Additional materials will be distributed in class. Students are expected to complete the assigned reading in advance of each class. Students must refrain from using the Internet or cell phones during class.
First Class Readings
• Kliegman, “The New Era of Suicide Prevention,” The Ringer (April 2017), available at https://theringer.com/social-media-suicide-prevention-policies-5490c2c224e0.
• Singer, “In Screening for Suicide Risk, Facebook Takes On Tricky Public Health Role,” New York Times (Dec. 31, 2018), available at https://www.nytimes.com/2018/12/31/technology/facebook-suicide-screening-algorithm.html (IF you cannot access this please let me know)
• Paul, “Colleges want freshmen to use mental health apps. But are they risking students’ privacy?,” (Washington Post Dec. 27, 2019), available at https://www.washingtonpost.com/technology/2019/12/27/colleges-want-freshmen-use-mental-health-apps-are-they-risking-students-privacy/
• Copeland, “Google’s ‘Project Nightingale’ Gathers Personal Health Data on Millions of Americans,” (Wall Street Journal Nov. 11, 2019), available at https://www.wsj.com/articles/google-s-secret-project-nightingale-gathers-personal-health-data-on-millions-of-americans-11573496790
• Allen, “Health Insurers Are Vacuuming Up Details About You — And It Could Raise Your Rates,” (July 17, 2018), available at https://www.propublica.org/article/health-insurers-are-vacuuming-up-details-about-you-and-it-could-raise-your-rates
• Walker, “Data Mining to Recruit Sick People,” (Wall Street Journal Dec. 17, 2013), available at https://www.wsj.com/articles/data-mining-to-recruit-sick-people-1387237952
• Maheshwari, “This Thermometer Tells Your Temperature, Then Tells Firms Where to Advertise,” New York Times (October 23, 2018), available at https://www.nytimes.com/2018/10/23/business/media/fever-advertisements-medicine-clorox.html (IF you cannot access this please let me know)
• Blumenthal, “Why Google’s Move into Patient Information Is a Big Deal,” The Commonwealth Fund (Nov. 26, 2019), available at https://www.commonwealthfund.org/blog/2019/why-googles-move-patient-information-big-deal
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