Sunday, May 29, 2011

Sorrell Case Revisited Pre-Decision: Who Should Profit From Pharmaceutical Prescription Data-Mining?

Jake Whitney at the Huffington Post asks Why Don't You Profit When Pharmacies Sell Your Prescription Data? and writes to start out his article -- cross-posted from Guernica Magazine -- as follows:
"While the Supreme Court is busy deciding whether states have the right to ban drug companies from using prescription data for marketing, new class-action suits launched against Walgreens and CVS have opened an explosive new front in the fight over prescription data mining."
Who OWNS your data? Read Whitney's posting.

LawPundit has posted twice about the Sorrell data-mining case previously.

See:

Who Can Disclose or Sell Info Gathered to Fulfill a Government Regulation? Prescriber-Identifiable Data and the Case of Sorrell will Give Us Information about Supreme Court Justices' View of the Law

Outcome in Sorrell v. IMS Health Fairly Clear After SCOTUS Oral Argument


The corporate free speech issue is easy. The privacy issue is more troublesome.
At least, that is the way we see it.

FTC Soliciting Comments for Planned New Rules on Online Advertising

The U.S. Federal Trade Commission is planning new rules for online advertising and has started to solicit public comments about what should be changed in the current guidelines. See the report by Emily Steel at ""Digits" at the online Wall Street Journal in FTC Plans New Online-Ad Rules.

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