[Ip-health] 2d Cir. Prescription Data Privacy Brief

[Sean Flynn]

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American University Washington College of Law's Program on Information
Justice and Intellectual Property filed a brief today in the Second
Circuit for amicus curiae AARP, the National Legislative Association on
Prescription Drug Prices, Community Catalyst, and Prescription Policy
Choices. The case, IMS Health, Inc., v. Sorrell, is a challenge to a
Vermont law protecting prescriber-identifiable prescription data from
being used for marketing purposes.  Amici supported the State of
Vermont.

A copy of the brief is available at
http://wcl.american.edu/pijip/go/brief09152009

The brief argues that the commercial speech applies an especially high
level of deference to the regulation of private commercial communication
of confidential information. Here, the brief argues, there is no First
Amendment protected purpose at stake. Further, the brief reviews the
social science evidence supporting legislative findings on the negative
impact of the use of prescriber-identifiable data on the cost and
quality of health care.

Kevin Outterson of Boston University School of Law filed a supporting
brief on behalf of physician organizations that support prescription
data mining bans.

-Sean Flynn, Assoc. Dir., PIJIP