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

[Kevin Outterson]

The Physicians' Brief in the data mining cases is available here:
http://ssrn.com/abstract=1474926

The brief was filed on behalf of the New England Journal of Medicine, the
Vermont Medical Society, the Massachusetts Medical Society, the New
Hampshire Medical Society, the National Physicians Alliance, and the
American Medical Students Association.

Kevin Outterson
BU Law


On 9/16/09 3:16 PM, "Sean Flynn" <sflynn@wcl.american.edu> wrote:

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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
>
>
>
>
>
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