17 Stan. Tech. L. Rev. 595 (2013-2014)
Protecting Health Privacy in an Era of Big Data Processing and Cloud Computing

handle is hein.journals/stantlr17 and id is 594 raw text is: 










PROTECTING HEALTH PRIVACY IN AN ERA OF

         BIG DATA PROCESSING AND CLOUD

                              COMPUTING


                              Frank Pasquale*
                         Tara Adams Ragone**

                  CITE AS: 17 STAN. TECH. L. REv. 595 (2014)
                http://stlr.stanford.edu/protectinghealthprivacy.pdf

                                   ABSTRACT

         This Article examines how new technologies generate privacy challenges for
    both healthcare providers and patients, and how American health privacy laws
    may be interpreted or amended to address these challenges. Given the current
    implementation ofMeaningful Use rules for health information technology and the
    Omnibus HIPAA Rule in health care generally, the stage is now setfor a distinctive
    law of health information - to emerge. HIPAA has come of age of late, with more
    aggressive enforcement efforts targeting wayward healthcare providers and
    entities. Nevertheless, more needs to be done to assure that health privacy and all
    the values it is meant to protect are actually vindicated in an era of ever faster and
    more pervasive data transfer and analysis.
        After describing how cloud computing is now used in healthcare, this Article
    examines nascent and emerging cloud applications and big data processing
    methods. Current regulation addresses many of these scenarios, but also leaves
    some important decision points ahead. Business associate agreements between
    cloud service providers and covered entities will need to address new risks. To
    meaningfully consent to new uses of protected health information, patients will
    need access to more sophisticated and granular methods of monitoring data
    collection, analysis, and use. Policymakers should be concerned not only about
    medical records, but also about medical reputations used to deny opportunities. To
    implement these and other recommendations, more funding for technical

* Professor of Law at the University of Maryland; Affiliate Fellow, Yale Information Society
Project.
* * Research Fellow and Lecturer in Law at Seton Hall University School of Law and its Center
for Health & Pharmaceutical Law & Policy.
    We would like to thank the Center for Health & Pharmaceutical Law & Policy and
Microsoft Corporation for sponsoring this research. This Article originated as a limited-
distribution White Paper entitled, The Future of HIPAA in the Cloud. We also wish to thank
Melissa Goldstein, Melissa Markey, Bill Pewen, and Nicolas Terry for commenting on the
Article.

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