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Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith Apr 2011

Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith

Christopher R Smith

Increasingly, legal scholars, state legislatures and the federal courts are examining patient privacy concerns that arise in the context of the dissemination, distribution and use of patient prescription information. However, less attention has been paid to the sharing of de-identified or encrypted patient prescription information versus identifiable patient prescription information. Though many patients may not realize it, identifiable, de-identified and encrypted patient prescription information is being used for a host of purposes other than insurance reimbursement and treatment, most notably for pharmaceutical marketing purposes. Existing state and federal laws and ethical guidelines provide some protection for the privacy of patient …


Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith Dec 2010

Somebody's Watching Me: Protecting Patient Privacy In De-Identified Prescription Health Information, Christopher R. Smith

Christopher R Smith

Increasingly, legal scholars, state legislatures and the federal courts are examining patient privacy concerns that arise in the context of the dissemination, distribution and use of patient prescription information. However, less attention has been paid to the sharing of de-identified or encrypted patient prescription information versus identifiable patient prescription information. Though many patients may not realize it, identifiable, de-identified and encrypted patient prescription information is being used for a host of purposes other than insurance reimbursement and treatment, most notably for pharmaceutical marketing purposes. Existing state and federal laws and ethical guidelines provide some protection for the privacy of patient …


I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Doj Discovery Abuse In Criminal Cases, Christopher R. Smith Jul 2010

I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Doj Discovery Abuse In Criminal Cases, Christopher R. Smith

Christopher R Smith

ABSTRACT I Fought the Law and the Law Lost: The Case for Congressional Oversight Over Systemic DOJ Discovery Abuse in Criminal Cases This article addresses the need for congressional oversight over systemic DOJ criminal discovery abuse. The first section of the article outlines a sample group of cases across multiple federal districts, which represent the most highly publicized systemic DOJ criminal discovery abuse cases over the last two years. This first section of the article also examines the statistical record of DOJ’s Office of Professional Responsibility (“OPR”) in terms of investigating federal prosecutorial abuse in criminal matters and enforcement of …