Document Type

Article

Publication Date

2019

Abstract

This Article investigates whether state law contains comprehensive privacy, security, and breach notification standards that could apply to independent scientists who conduct mobile app mediated health research. Focusing only on Florida law, this Article assesses potentially relevant and applicable sources of privacy, security, and breach notification standards for health data of the type obtained during mobile app mediated health research studies. This Article concludes that, with one exception, Florida law tends to fall into one of two categories: (1) the law contains at least one data privacy, security, or breach notification standard, but the standard is limited in application to certain actors, certain professions, or certain institutions and the law does not apply to independent scientists, or (2) the law is not necessarily limited in application, but the law fails to establish comprehensive privacy, security, and breach notification standards that will drive the implementation of privacy and security best practices by independent scientists.

Publication Citation

43 Nova L. Rev. 353 (2019).

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