video, podcastMay 7 2016

Balancing Privacy Obligations and Research Aims in a Learning Health Care System

Frank Pasquale

Databite No. 36

Health information technology can save lives, cut costs, and expand access to care. But its full promise will only be realized if policymakers broker a “grand bargain” between providers, patients, and administrative agencies. In exchange for subsidizing systems designed to protect intellectual property and secure personally identifiable information, health regulators should have full access to the key data those systems collect (once properly anonymized). Moreover, patients deserve to be able to channel certain information flows and gain some basic controls over the presentation, disclosure, and redisclosure of sensitive information. This talk describes and examines some legal and technical infrastructure designed to help realize these goals.



Frank Pasquale is an expert on the law of artificial intelligence, algorithms, and machine learning. His widely cited book, The Black Box Society (Harvard University Press, 2015), develops a social theory of reputation, search, and finance, and promotes pragmatic reforms to improve the information economy. Pasquale is currently a professor of law at the University of Maryland.

Pasquale has been a Visiting Fellow at Princeton’s Center for Information Technology (CITP),  Cambridge’s Center for Research in Arts, Social Sciences, and Humanities (CRASSH), and National Taiwan University. He is an affiliate fellow at Yale’s Information Society Project (ISP) and Vermont Law School’s New Economy Law Center (NELC). He has been a Visiting Professor at Yale Law School and Cardozo Law School.