Sorrell v. IMS Health: issues and opportunities for informaticians

J Am Med Inform Assoc. 2013 Jan 1;20(1):35-7. doi: 10.1136/amiajnl-2012-001123. Epub 2012 Oct 27.

Abstract

In 2011, the US Supreme Court decided Sorrell v. IMS Health, Inc., a case that addressed the mining of large aggregated databases and the sale of prescriber data for marketing prescription drugs. The court struck down a Vermont law that required data mining companies to obtain permission from individual providers before selling prescription records that included identifiable physician prescription information to pharmaceutical companies for drug marketing. The decision was based on constitutional free speech protections rather than data sharing considerations. Sorrell illustrates challenges at the intersection of biomedical informatics, public health, constitutional liberties, and ethics. As states, courts, regulatory agencies, and federal bodies respond to Sorrell, informaticians' expertise can contribute to more informed, ethical, and appropriate policies.

Publication types

  • Legal Case

MeSH terms

  • Confidentiality / legislation & jurisprudence*
  • Data Mining / legislation & jurisprudence
  • Drug Industry / legislation & jurisprudence
  • Drug Prescriptions*
  • Electronic Health Records / legislation & jurisprudence*
  • Health Insurance Portability and Accountability Act / legislation & jurisprudence
  • Humans
  • Information Dissemination / legislation & jurisprudence*
  • Marketing / legislation & jurisprudence*
  • Pharmacy Service, Hospital / legislation & jurisprudence
  • Supreme Court Decisions
  • United States
  • Vermont