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18 Ind. Health L. Rev. 1 (2021)

handle is hein.journals/inhealr18 and id is 1 raw text is: 






    Indiana Health Law Review

Volume  XVIII                       2021                          Number   1



                            ARTICLES


                    AM   I MY   COUSIN'S KEEPER?
            A  PROPOSAL TO PROTECT RELATIVES OF
                   GENETIC DATABASE SUBJECTS


      ROBERT  I. FIELD,* ANTHONY W. ORLANDO,**  &  ARNOLD  J. ROSOFF***


                              I. INTRODUCTION
    We  live in a brave new world full of exciting possibilities for medical and
human  advancement. Mapping   of the genome has taken our ability to understand
individual humans to a substantially more detailed and intimate level than has
ever before been  possible. At the same  time, advances in computer  science,
artificial intelligence, and the universality of internet connectedness have ushered
in the era of big data and enabled us to examine and understand as never before
what  all of us have  in common   and  what  makes  each  of us unique.'  By
aggregating data from and about large numbers  of people and getting a broader
view of the human collective, we can understand better and in greater detail what
makes  for the best health and health care of an individual human, especially when
we can take it down to the intimate genetic level.
    These advances  have spawned  the era of precision medicine, in which we
can  diagnose and  treat human   conditions and ailments  with much   greater
effectiveness. It is a time of great possibilities but also of great perils, particularly
as regards the confidentiality of each individual's medical status and human


      * Robert I. Field, J.D., M.P.H., Ph.D., is Professor of Law at the Kline School of Law,
Professor of Health Management and Policy at the Dornsife School of Public Health at Drexel
University, and an Adjunct Senior Fellow of the University of Pennsylvania's Leonard Davis
Institute of Health Economics.
     ** Anthony W. Orlando, M.Sc., M.P.W., Ph.D., is Assistant Professor of Finance, Real
Estate, and Law at the College of Business Administration at California State Polytechnic
University, Pomona.
    *** Arnold J. Rosoff, J.D., is Professor Emeritus of Legal Studies and Health Care
Management at The Wharton School of the University of Pennsylvania and a Senior Fellow of
Penn's Leonard Davis Institute of Health Economics. The authors would like to thank the attendees
of the 2019 ASLME Health Law Professors Conference for their helpful comments. The authors
also thank Aminata Jalloh for research assistance.
     1. For an overview of big data in health care, see Wullianallur Raghupathi & Viju
Raghupathi, Big Data Analytics in Healthcare: Promise and Potential, 2 HEALTH INFO. SCI. & SYS.
art. 3 (2014).

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