Abstract
This article examines the privacy and security issues associated with mobile application-mediated health research, concentrating in particular on research conducted or participated in by independent scientists, citizen scientists, and patient researchers. Building on other articles in this issue that examine state research laws and state data protection laws as possible sources of privacy and security protections for mobile research participants, this article focuses on the lack of application of federal standards to mobile application-mediated health research. As discussed in more detail below, the voluminous and diverse data collected by some independent scientists who use mobile applications to conduct health research may be at risk for unregulated privacy and security breaches, leading to dignitary, psychological, and economic harms for which participants have few legally enforceable rights or remedies under current federal law. Federal lawmakers may wish to consider enacting new legislation that would require otherwise unregulated health data holders to implement reasonable data privacy, security, and breach notification measures.
Publisher
Cambridge University Press (CUP)
Subject
Health Policy,General Medicine,Issues, ethics and legal aspects
Reference41 articles.
1. 5. Id., Preamble, ¶ 2.
2. 20. Id. §§ 164.520-.528.
3. 16. See 45 C.F.R. § 160.103 (defining covered entity); id. § 160.102(a) (applying the HIPAA Rules to covered entities).
4. The Failure of Mandated Disclosure
5. Mobile Research Applications and State Research Laws
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12 articles.
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