Today at IU McKinney

October 4, 2013
Hall Center for Law and Health
Will Neuroscience Redefine Mental Injury?

Legal systems have traditionally treated physical and mental injuries differently. Advances in neuroscience provide insights that challenge this dichotomy. This multidisciplinary half-day conference will examine some of the evolving technologies used to demonstrate mental injury and explore the potential impact of this neuroscientific data in legal decision making.

Speakers:

  • Thomas W. McAllister, Albert E. Sterne Professor and Chair, Department of Psychiatry, Indiana University School of Medicine
  • Tracy D. Gunter, Associate Professor Clinical Psychiatry Indiana University School of Medicine and Adjunct Professor Law, IU McKinney School of Law
  • Stacey A. Tovino, Lincy Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas
  • Betsy J. Grey, Professor of Law and Alan A. Matheson Fellow, and Faculty Fellow in the Center for Law, Science, and Innovation, Arizona State University, Sandra Day O’Connor College of Law, Tempe, Arizona
  • William Winingham, Partner, Wilson Kehoe Winingham, LLC
  • Ross D. Silverman, Professor of Health Policy and Management, IU Fairbanks School of Public Health
  • Jennifer A. Drobac, Professor of Law, IU McKinney School of Law

More information here.

Big Data Proxies and Health Privacy Exceptionalism

By Nicolas Terry

I have posted Big Data Proxies and Health Privacy Exceptionalism. The article argues that, while “small data” rules protect conventional health care data (doing so exceptionally, if not exceptionally well), big data facilitates the creation of health data proxies that are relatively unprotected. As a result, the carefully constructed, appropriate, and necessary model of health data privacy will be eroded. Proxy data created outside the traditional space protected by extant health privacy models will end exceptionalism, reducing data protection to the very low levels applied to most other types of data. The article examines big data and its relationship with health care, including the data pools in play, and pays particular attention to three types of big data that lead to health proxies: “laundered” HIPAA data, patient-curated data, and medically-inflected data. It then reexamines health privacy exceptionalism across legislative and regulatory domains seeking to understand its level of “stickiness” when faced with big data. Finally the article examines some of the claims for big data in the health care space, taking the position that while increased data liquidity and big data processing may be good for health care they are less likely to benefit health privacy.