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Article
Data Privacy in the Time of Plague
Yale Journal of Health Policy, Law, and Ethics
  • Cason Schmit
  • Brian N. Larson, Texas A&M University School of Law
  • Hye-Chung Kum
Document Type
Article
Publication Date
8-2022
ISSN
1535-3532
Abstract

Data privacy is a life-or-death matter for public health. Beginning in late fall 2019, two series of events unfolded, one everyone talked about and one hardly anyone noticed: The greatest world-health crisis in at least 100 years, the COVID-19 pandemic; and the development of the Personal Data Protection Act Committee by the Uniform Law Commissioners (ULC) in the United States. By July 2021, each of these stories had reached a turning point. In the developed, Western world, most people who wanted to receive the vaccine against COVID- 19 could do so. Meanwhile, the ULC adopted the Uniform Personal Data Protection Act (UPDPA) at its annual meeting, paving the way for state legislatures to adopt it beginning in 2022. It has so far been introduced in three jurisdictions.

These stories intersect in public health. Public health researchers struggled with COVID-19 in the United States because they lacked information about individuals who were exposed, among other matters. Understanding other public health threats (e.g., obesity, opioid abuse, racism) also requires linking diverse data on contributing social, environmental, and economic factors. The UPDPA removes some barriers to public health practice and research resulting from the lack of comprehensive federal privacy laws. Its full potential, however, can be achieved only with involvement of public health researchers and professionals. This article analyzes the UPDPA and other comprehensive state privacy statutes, noting the ways that they could promote—and hinder—public health. It concludes with recommendations for public health researchers and professionals to get involved in upcoming legislative debates on data privacy. Lives will depend on the outcomes.

Num Pages
76
Publisher
Yale Law School
File Type
PDF
Citation Information
Cason Schmit, Brian N. Larson and Hye-Chung Kum. "Data Privacy in the Time of Plague" Yale Journal of Health Policy, Law, and Ethics Vol. 21 Iss. 1 (2022) p. 152 - 227
Available at: http://works.bepress.com/brian-larson/55/