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Articles 1 - 10 of 10
Full-Text Articles in Law
Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim
Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim
Vanderbilt Law Review
Since 1991, the Federal Policy for the Protection of Human Subjects, known as the "Common Rule," has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its promulgation. In an effort to modernize the Common Rule, the Federal Policy for the Protection of Human Subjects Final Rule ("Final Rule') was published on January 19, 2017. The Final Rule, however, decreases human-subject protections by increasing access to identifiable data with limited administrative oversight. Accordingly, the Final Rule demands …
Pharming Out Data: A Proposal For Promoting Innovation And Public Health Through A Hybrid Clinical Data Protection Scheme, Lea M. Gulotta
Pharming Out Data: A Proposal For Promoting Innovation And Public Health Through A Hybrid Clinical Data Protection Scheme, Lea M. Gulotta
Vanderbilt Journal of Transnational Law
The pharmaceutical industry, one of the largest industries in the world, is rapidly becoming globalized. Clinical trials, which are required for drugs to be approved for human use, are increasingly performed outside of the pharmaceutical company's home country in an attempt to save money. This is mainly due to drug development's steep costs, and the high risks involved in an industry where only 12 percent of products that begin development ever make it to market. In order to help offset these risks and encourage innovation, many countries offer clinical trial data certain protections through patents, market exclusivity, or trade secret …
Borders And Bits, Jennifer Daskal
Borders And Bits, Jennifer Daskal
Vanderbilt Law Review
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Is It Time For A Universal Genetic Forensic Database?, J. W. Hazel, Ellen Wright Clayton, B. A. Malin, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy interests …
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel
Vanderbilt Law School Faculty Publications
Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gatheredb iological materials ent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …
Differential Privacy: A Primer For A Non-Technical Audience, Alexandra Wood, Micah Altman, Aaron Bembenek, Mark Bun, Marco Gaboardi, James Honaker, Kobbi Nissim, David R. O'Brien, Thomas Steinke, Salil Vadhan
Differential Privacy: A Primer For A Non-Technical Audience, Alexandra Wood, Micah Altman, Aaron Bembenek, Mark Bun, Marco Gaboardi, James Honaker, Kobbi Nissim, David R. O'Brien, Thomas Steinke, Salil Vadhan
Vanderbilt Journal of Entertainment & Technology Law
Differential privacy is a formal mathematical framework for quantifying and managing privacy risks. It provides provable privacy protection against a wide range of potential attacks, including those currently unforeseen. Differential privacy is primarily studied in the context of the collection, analysis, and release of aggregate statistics. These range from simple statistical estimations, such as averages, to machine learning. Tools for differentially private analysis are now in early stages of implementation and use across a variety of academic,industry, and government settings. Interest in the concept is growing among potential users of the tools, as well as within legal and policy communities, …
Corporate Cybersecurity: The International Threat To Private Networks And How Regulations Can Mitigate It, Eric J. Hyla
Corporate Cybersecurity: The International Threat To Private Networks And How Regulations Can Mitigate It, Eric J. Hyla
Vanderbilt Journal of Entertainment & Technology Law
Cyberattacks are occurring at an accelerating pace. Foreign nations are increasingly utilizing hacking as a tool for economic gain, acts of aggression, or international political expression. At risk are US consumers'personal data, private firms' bottom line, and the economies'integrity. In response, federal and state lawmakers have issued a series of disparate, uncoordinated policies seeking to strengthen cybersecurity practices. However, recent events indicate that these policies are less than ideal. This Note suggests that a unified response to cybersecurity is required and calls for the establishment of a single, central federal agency with authority over all cybersecurity regulations. Such an agency …
Prescriptions At A Price: America's Opioid Crisis And The Increasing Toll On Drug Record Privacy, Reem Blaik
Prescriptions At A Price: America's Opioid Crisis And The Increasing Toll On Drug Record Privacy, Reem Blaik
Vanderbilt Journal of Entertainment & Technology Law
How should the US Constitution govern patient privacy in the face of a public health emergency? Declaring the United States' opioid crisis as a public health emergency may put the already-compromised integrity of drug record privacy at higher risk by virtue of emerging administrative responses, existing Supreme Court precedent, and acquiescent state laws. The White House convened a summit on opioids where the then-US attorney general discussed law enforcement responses to the crisis. Although the Fourth Amendment protects against unreasonable searches and seizures, the Supreme Court's third-party doctrine generally grants state and federal actors access to records released to third …
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
"I Call Alexa To The Stand": The Privacy Implications Of Anthropomorphizing Virtual Assistants Accompanying Smart-Home Technology, Christopher B. Burkett
Vanderbilt Journal of Entertainment & Technology Law
This Note offers a solution to the unique privacy issues posed by the increasingly humanlike interactions users have with virtual assistants, such as Amazon's Alexa, which accompany smart-home technology. These interactions almost certainly result in the users engaging in the cognitive phenomenon of anthropomorphism--more specifically, an assignment of agency. This is a phenomenon that has heretofore been ignored in the legal context, but both the rapidity of technological advancement and inadequacy of current applicable legal doctrine necessitate its consideration now. Since users view these anthropomorphized virtual assistants as persons rather than machines, the law should treat them as such. To …
A Free Ride: Data Brokers'rent-Seeking Behavior And The Future Of Data Inequality, Krishnamurty Muralidhar, Laura Palk
A Free Ride: Data Brokers'rent-Seeking Behavior And The Future Of Data Inequality, Krishnamurty Muralidhar, Laura Palk
Vanderbilt Journal of Entertainment & Technology Law
Historically, researchers obtained data from independent studies and government data. However, as public outcry for privacy regarding the government's maintenance of data has increased, the discretionary release of government data has decreased or become so anonymized that its relevance is limited. Research necessarily requires access to complete and accurate data. As such, researchers are turning to data brokers for the same, and often more, data than they can obtain from the government. Data brokers base their products and services on data gathered from a variety of free public sources and via the government-created Internet. Data brokers then recategorize the existing …