This article explains how the structure of U.S. health-care data protection
(specifically its sectoral and downstream properties) has led to a chronically uneven policy environment for different types of health-care data. It examines claims for health-care data protection exceptionalism and competing demands such as data liquidity. In conclusion, the article takes the position that health care-data exceptionalism remains a valid imperative and that even current concerns about data liquidity can be accommodated in an exceptional protective model. However, re-calibrating our protection of health-care data residing outside of the traditional health-care domain is challenging, currently even
Terry, Nicolas P.
"Regulatory Disruption and Arbitrage in Health-Care Data Protection,"
Yale Journal of Health Policy, Law, and Ethics: Vol. 17
, Article 3.
Available at: http://digitalcommons.law.yale.edu/yjhple/vol17/iss1/3