Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Hipaa-Phobia Hampers Efforts To Track And Contain Covid-19, Lee Hiromoto M.D., J.D. Jan 2021

Hipaa-Phobia Hampers Efforts To Track And Contain Covid-19, Lee Hiromoto M.D., J.D.

SLU Law Journal Online

The Health Insurance Portability and Accountability Act (HIPAA), enacted by the US Congress 1996, laudably protects medical privacy in healthcare settings. However, this federal law has created a culture of fear that limits current efforts to address the COVID-19 pandemic. Healthcare providers, who are covered by HIPAA, may be reluctant to disclose information about outbreak clusters for fear of violating the law. Healthcare organizations, who are also covered by the law, still rely on fax machines to avoid violating HIPAA’s data security requirements. And the scrupulous rule-following in healthcare has given independent life to a HIPAA boogeyman. Thus, officials who …


Balancing Public Health And Privacy: Lessons From Digital Contact Tracing For Covid-19 Vaccination Tracking Efforts, Carmel Shachar Jan 2021

Balancing Public Health And Privacy: Lessons From Digital Contact Tracing For Covid-19 Vaccination Tracking Efforts, Carmel Shachar

Saint Louis University Law Journal

The COVID-19 pandemic has brough the tension between individual privacy and public health initiative to the fore, in part because many of the solutions to the challenges of the pandemic proposed are digital. The first year of the pandemic has revealed that the Health Insurance Portability and Accountability Act is both too restrictive of traditional public health activities but also underprotective of important categories of health data. The failure of digital contact tracing applications to make a difference in combatting the pandemic during its early stages also illustrates the tension between individual privacy and public health surveillance. In order to …


Illinois Biometric Information Privacy Act Litigation In Federal Courts: Evaluating The Standing Doctrine In Privacy Contexts, Michael Mcmahon Jan 2021

Illinois Biometric Information Privacy Act Litigation In Federal Courts: Evaluating The Standing Doctrine In Privacy Contexts, Michael Mcmahon

Saint Louis University Law Journal

Biometric technology, used to identify individuals based on their unchangeable and unique attributes such as fingerprints or facial geometry, has become commonplace in modern life. In Illinois, the use of biometric information by private organizations is regulated by the Illinois Biometric Privacy Act (“BIPA”), which came into effect in 2008 as the nation’s first state biometric information privacy statute. BIPA is unique in that it includes a private right of action and provides for recovery of liquidated damages where the statute is violated, which has resulted in plaintiffs bringing steadily increasing numbers of class-action suits under the law. This note …


The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang Jan 2016

The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang

All Faculty Scholarship

Leading technology companies such as Google and Facebook have been experimenting with people analytics, a new data-driven approach to human resources management. People analytics is just one example of the new phenomenon of “big data,” in which analyses of huge sets of quantitative information are used to guide decisions. Applying big data to the workplace could lead to more effective outcomes, as in the Moneyball example, where the Oakland Athletics baseball franchise used statistics to assemble a winning team on a shoestring budget. Data may help firms determine which candidates to hire, how to help workers improve job performance, and …


Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner Jan 2011

Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner

Saint Louis University Law Journal

No abstract provided.


Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo Jan 2010

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

All Faculty Scholarship

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …


What, Me Worry? The Multi-Front Assault On Privacy, Andrew Askland Jan 2006

What, Me Worry? The Multi-Front Assault On Privacy, Andrew Askland

Saint Louis University Public Law Review

No abstract provided.


Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber Jan 2006

Personal Information In Government Records: Protecting The Public Interest In Privacy, Grayson Barber

Saint Louis University Public Law Review

No abstract provided.


School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley Jan 2004

School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley

Saint Louis University Public Law Review

No abstract provided.


Freedom Of Liberty Takes On The Right To Privacy: An Analysis Of Adams V. City Of Battle Creek, The Circuit Split, And Possible Consequences Of Anti-Terrorism Legislation, Michelle Schipke Silies Jan 2003

Freedom Of Liberty Takes On The Right To Privacy: An Analysis Of Adams V. City Of Battle Creek, The Circuit Split, And Possible Consequences Of Anti-Terrorism Legislation, Michelle Schipke Silies

Saint Louis University Public Law Review

No abstract provided.


Wyoming V. Houghton: Rethinking The Court’S View Of A Passenger’S Privacy Interests On The Road, Zachary A. Abeles Jan 2000

Wyoming V. Houghton: Rethinking The Court’S View Of A Passenger’S Privacy Interests On The Road, Zachary A. Abeles

Saint Louis University Public Law Review

No abstract provided.