Law Commons^™

Breadcrumbs: Privacy As A Privilege, Prachi Bhardwaj

Capstones

Breadcrumbs: Privacy as a Privilege Abstract

By: Prachi Bhardwaj

In 2017, the world saw more data breaches than in any year prior. The count was more than the all-time high record in 2016, which was 40 percent more than the year before that.

That’s because consumer data is incredibly valuable today. In the last three decades, data storage has gone from being stored physically to being stored almost entirely digitally, which means consumer data is more accessible and applicable to business strategies. As a result, companies are gathering data in ways previously unknown to the average consumer, and hackers are …

Regulating Black-Box Medicine, W. Nicholson Price Ii

Michigan Law Review

Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they …

Risk And Resilience In Health Data Infrastructure, W. Nicholson Price Ii

Articles

Today’s health system runs on data. However, for a system that generates and requires so much data, the health care system is surprisingly bad at maintaining, connecting, and using those data. In the easy cases of coordinated care and stationary patients, the system works—sometimes. But when care is fragmented, fragmented data often result. Fragmented data create risks both to individual patients and to the system. For patients, fragmentation creates risks in care based on incomplete or incorrect information, and may also lead to privacy risks from a patched together system. For the system, data fragmentation hinders efforts to improve efficiency …

Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii

Articles

Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.

Data-Generating Patents, Brenda M. Simon, Ted Sichelman

Northwestern University Law Review

Patents and trade secrets are often considered economic substitutes. Under this view, inventors can decide either to maintain an invention as a trade secret or to seek a patent and disclose to the public the details of the invention. However, a handful of scholars have recognized that because the patent disclosure requirements are not always rigorous, inventors may sometimes be able to keep certain aspects of an invention secret, yet still receive a patent to the invention as a whole. Here, we provide further insight into how trade secrets and patents may act as complements. Specifically, we introduce the concept …

The 'Smart' Fourth Amendment, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

“Smart” devices radiate data, detailing a continuous, intimate, and revealing pattern of daily life. Billions of sensors will soon collect data from smartphones, smart homes, smart cars, medical devices and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our bodies, houses, things, and digital effects fall within the Fourth Amendment’s protection of “persons, homes, papers, or effects”? Does interception of this information violate a “reasonable expectation of privacy?”The “Internet of Things” and the growing proliferation of smart devices create new opportunities for …

Who's Driving You? Driver Data Remains Unprotected Under Coppa And Shine The Light, Marisa Tashman

Loyola of Los Angeles Law Review

As our lives become more driven by technology, California’s privacy laws fall short of protecting our personally identifiable information. Vehicles in particular present an increasing privacy concern, as our automobiles become more computer and less car. Cars today have increasingly sophisticated capabilities, stemming from connected technology and sensors, and their ability to capture geolocation and biometric data. This data can be used to make inferences about drivers’ behavioral patterns and daily habits. This Article analyzes whether California’s privacy laws—California Online Privacy Protection Act (“COPPA”) and Shine the Light—adequately address privacy concerns regarding driver data collected by the connected car. This …