Data Ownership & Data Privacy - The Next Frontier-Data Ownership & Data Privacy

Video Transcription

Video Summary

The session titled "Data Ownership and Data Privacy, the Next Frontier," led by Tony Fiola of Boston Scientific, explores the complexities of data privacy and ownership in modern healthcare. The panel includes health law experts Christina Monticello and Payle Kramer, who share insights into current laws and future legislation.<br /><br />Key issues discussed include the reactive nature of the U.S. healthcare system and the need for reimbursement models that support a proactive approach. The panel examines the explosion of data from wearable devices and the unclear ownership of such data. Monticello highlights the lack of consensus among states regarding data ownership, noting New Hampshire as the only state granting ownership of medical records to patients.<br /><br />Data privacy laws vary by state, adding complexity for organizations operating across multiple jurisdictions. Some states, like California with the CCPA, have more stringent privacy laws that include provisions for de-identified data and sensitive information. Monticello and Kramer also touch on the regulatory roles of HIPAA, FDA, and FTC, and their interplay with state laws.<br /><br />The discussion stresses the importance of privacy and security by design in handling data and the challenges of managing patient consent and opt-out mechanisms. The Federal American Privacy Rights Act aims to create a more uniform national standard, though it won't entirely preempt state laws.<br /><br />The session concludes with real-life scenarios, exploring responsibilities around data from consumer wearables and the use of AI in medical devices. The panelists agree on the crucial need for ongoing dialogue and regulatory clarity to advance digital health.

Keywords

Data Ownership

Data Privacy

Healthcare

Wearable Devices

Legislation

HIPAA

CCPA

Patient Consent

AI in Medical Devices

Federal American Privacy Rights Act