The Supreme Court granted review of Sorrell v. IMS Health Inc., after the Second Circuit Court of Appeal's decision to strike down Vermont's prescription confidentiality law. The law regulates data mining companies that sell or use doctors' prescribing records containing personal information on patients. The Court of Appeals' decision, which relied on the First Amendment, diverged significantly from other decisions upholding similar laws. EPIC filed a "friend of the court" brief in support of the Vermont law, arguing that the state has a substantial interest in protecting the privacy of medial records and that the data miners' de-identification practices do not, in fact, protect patient privacy. For more, see EPIC: IMS Health v. Sorrell, EPIC: IMS Health v. Ayotte, and EPIC: Medical Privacy.
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Communications Law and Policy
Jerry Kang and Alan Butler