Yale journal of health policy, law, and ethics最新文献_第2页

The Fitbit Fault Line: Two Proposals to Protect Health and Fitness Data at Work. Fitbit断层线:保护工作中健康和健身数据的两个建议。

Yale journal of health policy, law, and ethics Pub Date : 2016-01-01

Elizabeth A Brown

{"title":"The Fitbit Fault Line: Two Proposals to Protect Health and Fitness Data at Work.","authors":"Elizabeth A Brown","doi":"","DOIUrl":"","url":null,"abstract":"Employers are collecting and using their employees' health data, mined from wearable fitness devices and health apps, in new, profitable, and barely regulated ways. The importance of protecting employee health and fitness data will grow exponentially in the future. This is the moment for a robust discussion of how law can better protect employees from the potential misuse of their health data. While scholars have just begun to examine the problem of health data privacy, this Article contributes to the academic literature in three important ways. First, it analyzes the convergence of three trends resulting in an unprecedented growth of health-related data: the Internet of Things, the Quantified Self movement, and the Rise of Health Platforms. Second, it describes the insufficiencies of specific data privacy laws and federal agency actions in the context of protecting employee health data from employer misuse. Finally, it provides two detailed and workable solutions for remedying the current lack of protection of employee health data that will realign employer use with reasonable expectations of health and fitness privacy. The Article proceeds in four Parts. Part I describes the growth of self-monitoring apps, devices, and other sensor-enabled technology that can monitor a wide range of data related to an employee's health and fitness and the relationship of this growth to both the Quantified Self movement and the Internet of Things. Part II explains the increasing use of employee monitoring through a wide range of sensors, including wearable devices, and the potential uses of that health and fitness data. Part III explores the various regulations and agency actions that might protect employees from the potential misuse of their health and fitness data and the shortcomings of each. Part IV proposes two specific measures that would help ameliorate the ineffective legal protections that currently exist in this context. In order to improve employee notice of and control over the disclosure of their health data, I recommend the adoption of a mandatory privacy labeling law for health-related devices and apps to be enacted and enforced by the Federal Trade Commission (FTC). As a complementary measure, I also recommend that be amended so that its protections extend to the health-related data that employers may acquire about their employees. The Article concludes with suggestions for additional scholarly discussion.","PeriodicalId":85893,"journal":{"name":"Yale journal of health policy, law, and ethics","volume":"16 1","pages":"1-49"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"34625439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

An Evidence-Based Objection to Retributive Justice. 对报复性正义的循证反对。

Yale journal of health policy, law, and ethics Pub Date : 2016-01-01

Brian T M Mammarella

{"title":"An Evidence-Based Objection to Retributive Justice.","authors":"Brian T M Mammarella","doi":"","DOIUrl":"","url":null,"abstract":"Advancements in neuroscience and related fields are beginning to show,\u0000with increasing clarity, that certain human behaviors stem from uncontrolled,\u0000mechanistic causes. These discoveries beg the question: If a given behavior\u0000results from some combination of biological predispositions, neurological\u0000circumstances, and environmental influences, is that action unwilled and\u0000therefore absolved of all attributions of credit, blame, and responsibility? A\u0000number of scholars in law and neuroscience who answer \"yes\" have considered\u0000how the absence of free will should impact criminal law's willingness to justify\u0000punishments on the basis of retribution, with some arguing that criminal law\u0000ought to dispense with retributive justice because the concept of blameworthiness\u0000is out of touch with scientific reality. This Note posits a more practical reason for\u0000reform by reviewing available empirics on the way people perceive human\u0000agency. The research suggests that as the science of human agency becomes\u0000increasingly vivid and reductionistic, laypeople will become proportionally less\u0000willing to attribute blame, and these shifting societal intuitions will ultimately\u0000diminish criminal law's moral credibility. The practical effects of low moral\u0000credibility might include diminished compliance, cooperation, and acquiescence\u0000with criminal laws, as well as increased general deviance. Importantly, this Note\u0000observes that these effects will likely manifest even if people retain a belief in\u0000free will. Further, ontological reality plays no part in this Note's argument;\u0000whether we in fact have free will is irrelevant. This Note instead contributes to\u0000the discourse by highlighting the implications of oncoming shifts in lay\u0000conceptions of both particular behaviors and the natural world writ large.","PeriodicalId":85893,"journal":{"name":"Yale journal of health policy, law, and ethics","volume":"16 2","pages":"289-326"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"36095471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Medicare Advantage, accountable care organizations, and traditional Medicare: synchronization or collision? 医疗保险优势、负责任的医疗机构和传统医疗保险:同步还是冲突?

Yale journal of health policy, law, and ethics Pub Date : 2015-01-01

Thomas L Greaney

引用次数: 0

Out of the black box and into the light: using Section 1115 Medicaid waivers to implement the Affordable Care Act's Medicaid expansion. 走出黑箱，走向光明:利用第1115条医疗补助豁免来实施《平价医疗法案》的医疗补助扩张。

Yale journal of health policy, law, and ethics Pub Date : 2015-01-01

Sidney D Watson

引用次数: 0

Obamacare, Medicare, and baseball's greatest pitchers. 奥巴马医改，医疗保险，还有棒球界最伟大的投手。

Yale journal of health policy, law, and ethics Pub Date : 2015-01-01

Jonathan Cohn