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Mobile Research Applications and State Data Protection Statutes
Summary
State laws offer crucial privacy and security protections for mobile health research. This study assesses existing data breach, security, and privacy statutes, proposing amendments to enhance data protection for independent, citizen, and patient researchers.
Area of Science:
- Health Law
- Information Security
- Digital Health
Background:
- Mobile-app mediated health research involves complex privacy and security challenges.
- Existing scholarship often overlooks state-level regulations, focusing primarily on federal laws like HIPAA.
- Independent scientists, citizen scientists, and patient researchers face unique regulatory hurdles in mobile health studies.
Purpose of the Study:
- To assess the applicability of state data protection statutes to mobile-app mediated health research.
- To identify gaps in current state laws regarding the privacy and security of mobile health research data.
- To propose statutory amendments for improved data protection in this field.
Main Methods:
- Analysis of state data breach notification statutes across all fifty states and the District of Columbia.
- Review of state data security statutes in over two-thirds of jurisdictions.
- Examination of state data privacy statutes in nearly one-third of jurisdictions.
Main Results:
- All jurisdictions possess data breach notification statutes applicable to mobile health research.
- A majority of states have data security statutes that may apply to this research context.
- A significant portion of states have enacted data privacy statutes relevant to mobile health data.
Conclusions:
- State data breach notification laws provide a baseline for protecting mobile health research data.
- Comprehensive state data security and privacy laws are essential for robust protection.
- Legislative amendments are recommended to strengthen state-level privacy and security for mobile health research.
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